The Chickens Have Come Home to Roost
The Colorado State Supreme Court’s decision to disqualify Donald J. Trump from that state’s 2024 Republican primary ballot is a gauntlet thrown down in frustration. America is a nation of laws, not of the whims of men, and yet the former president continues to capsize the ship of state and to undermine the national security. That old saw, “the chickens have come home to roost,” was never truer that it is today.
A clear and ready process exists for removing from office an American president who ignores his oath “to preserve, protect and defend the Constitution of the United States.” Twice Trump abused his authority and was impeached by the US House of Representative. Unfortunately, the US Senate acquitted him in both instances, primarily because too few Republican senators were willing to put country before party.
Rather than consider himself lucky to have avoided just punishment, Trump has mounted a fascist-style campaign to energize his base within the GOP, threatening any party official, elected or otherwise, with retribution if he or her does not support both his denial of the 2020 presidential election outcome and his re-election effort. Custom and tradition have in the past disallowed a self-declared autocrat the ability to capture the mantle of a major American political party, but that is where we are today.
There is widespread criticism of the Colorado court’s decision. Some question the intent of the Constitutional basis for the judgement, Section 3 of the 14th Amendment. The amendment was passed in the aftermath of the Civil War when concern was high that former Confederates might easily return to public office after their treachery failed. But the verbiage of Section 3 is generic. The drafters of the 14th Amendment intended to ward off future traitors and insurrectionists.
Another complaint is that Trump has not been formally convicted of insurrection. Any rational person who watched the events at the Capitol unfold on January 6, 2021, recognizes this was an attempt to interfere with the legitimate elective processes of the United States. Nor can anyone doubt the former president’s involvement.
That Trump is an aggrieved authoritarian has been confirmed by his unhinged rhetoric during the past three years. He has been open about his intentions if he regains access to the Oval Office. Top priority will be to wreak revenge against his perceived enemies---and not only Democrats. Already Trump’s machinations are having a tumultuous impact on the ability of Congress to function effectively and on the country’s capacity to protect our national security.
There are also accusations of partisanship against the Colorado Supreme Court. Initial reports indicated all seven members of the court are Democrats, but the reality is only three are Democrats. Three others are “unaffiliated” and the Chief Justice is a Republican. Two of the four justices who wrote opinion are Democrats and two are “unaffiliated.”
The process used for identifying nominees to the Colorado court is worthy of consideration by other states concerned about judicial partisanship. Although the governor appoints justices, he must choose from three candidates recommended by a bipartisan commission. That fifteen-member body also always has a non-lawyer majority. It is chaired by the court’s chief justice who does not have a vote. The governor appoints the non-lawyer members of the commission, but he must work with the attorney general and chief justice to name lawyer members of the commission. The result is a court with a pretty good bipartisan track record.
Finally, there is the view that it would be undemocratic to allow the courts to remove Trump’s name from the ballot and prevent the people from making the ultimate decision through their vote. Based on previous experience, what is the expectation that Trump and his diehard supporters would accept the results of the 2024 election if he does not win?
More to the point, our federal government consists of three co-equal branches, all of whom have powers that can be used to infringe, or to expand, the capabilities of citizens to choose their representatives. Most of the authority relative to whom and how voters are able to cast their ballots for presidential electors and other public officials rests with the states. That legitimizes the action of the Colorado Supreme Court, which is simply attempting to keep an unqualified candidate off their state’s primary ballot. Sixteen other states are pursuing the same goal.
The complaint against the Colorado court seems even more egregious when you consider that the US Supreme Court has made it easier in recent years for states to impose a plethora of restrictions on the voting rights of Americans. It has also refused to address the gerrymandering issue which has exacerbated the representational inequities that exist in the US House of Representative.
It is likely the US Supreme Court will set aside the Colorado decision and head off other attempts to block the candidacy of the Mad MAGA Hatter. Nothing any court can do can undo the damage to the legitimacy of our democracy that is resulting from the botched response to Trump’s failed presidency. That the noble bipartisan attempt of a state court can be squelched so easily does not bode well for the future of American democracy.
https://www.nytimes.com/2023/12/19/us/politics/trump-colorado-ballot-14th-amendment.html
https://www.wsj.com/articles/trump-defends-conversation-with-ukraine-leader-11568993176
https://www.cbsnews.com/live-updates/jan-6-capitol-riot-timeline-key-moments/