Tuesday, February 6, 2024

If Donald Trump had won the 2020 election, United States Constitution Amendment 14, Section 3 would have barred him from being president

     In 1990, I traveled from my home in Boulder, Colorado to a suburb of Washington D.C., to visit a college fraternity brother and his lovely wife, whose wedding I had attended in a New York City suburb, when I was studying at the University of Alabama School of Law.

    Marty took me to Arlington Cemetery, where I found the names of two of Danny's and my fraternity brothers on the long black wall; the Lincoln and Washington Memorials; and the United States Supreme Court, where I read the original United States Constitution under protective glass, and then we walked into the Supreme Court Chamber, where many cases had been argued and decided. I told Marty that I felt the eyes of those past justices boring in, examining my soul.

    I then was writing a book about approaching legal problems as messages from God, which we miss, if we take a traditional legal approach. In the early 1980s, I had written books for people buying and selling hones and dealing with lawyers, which did not please the residential real estate industry and the legal profession.

    Tomorrow, the U.S. Supreme Court hears oral arguments on whether U.S. Constitution Amendment 14, Section 3, blocks Donald Trump from being president again. The case is an appeal from a 4/3 Colorado Supreme Court decision barring Trump from being on the Colorado ballot.


Amendment 14, Section 3

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. 


Amendment 14, Section 3 was passed after America’s Civil War to prevent officers in the Confederacy, such as its President Jefferson Davis and its military chief Robert E. Lee, a West Point graduate, from holding public office in the federal or state governments. 

Six of the nine Supreme Court justices are Republicans, three were appointed by Trump. So, I figure the Las Vegas odds of 5 Supreme Court justices ruling 14/3 bars Trump from being president again are close to zero.

However, Las Vegas bookies do not sit on the Supreme Court, and since I am directed, corrected and redirected by angels known in the Bible, and since I have no clue how the Supreme Court will rule, I wager nobody else knows, except perhaps the six Republican justices.

If I am one of the six Republican justices, I am acutely aware of many death threats against the four Colorado Supreme Court Justices who ruled 14/3 bars Trump from being on the Colorado ballot. 

I am acutely aware of many death threats against Maine Secretary of State Shenna Bellows, who ruled 14/3 bars Trump from being on the Maine ballot.

I am acutely aware of many death threats against New York State Court Judge Arthur Engoron, and his clerk, Allison Green, after Judge Engoron ruled Trump’s businesses defrauded the State of New York and its lending institutions out of a lot of money,

I am acutely aware of many death threats against E. Jean Carroll, who won two defamation cases against Trump for a total of $87,000,000 in damages in federal court in New York City.

I am acutely aware of many death threats against Georgia State Attorney Fanni Willis and her prosecution team who are prosecuting Trump under the Georgia RICO statute.

I am acutely aware of many death threats against Special Prosecutor Jack Smith, who is prosecuting Trump for the January 6 insurrection and mishandling classified documents.

I am acutely aware that Sara Palin and others warned the American left that prosecuting Donald Trump will bring a civil war, is that what the left wants.

I am acutely aware of being on trial in God’s Court, where fears for my own safety are irrelevant; where my political allegiance is irrelevant; where my religious beliefs are irrelevant; where the only relevant things are my oath of office below, and the truth, the whole truth and nothing but the truth, so help me God.


I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. 

     

All presidents, including Donald Trump, took this oath when they were sworn in as president.


I solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

There is zero doubt Trump incited and thus engaged in insurrection on January 6, 2020, to try to stop the count of the Electoral College votes, as provided in the United States Constitution.

Meaning, even if Trump then won the Electoral College vote, he still could not be president again, because he engaged in insurrection against the Constitution before the Electoral College count was made, and 14/3 then barred him from holding federal office again.

It did not matter one iota that Trump believed the election was stolen, or that it in fact the election was stolen. The proper recourse was in the courts, as happened in the 2000 election, when the Supreme Court awarded Florida’s presidential election to George Bush instead of to Al Gore.

From Wikipedia:

The 2000 United States presidential election in Florida took place on November 7, 2000, as part of the nationwide presidential election. Florida, a swing state, had a major recount dispute that took center stage in the election. The outcome of the 2000 United States presidential election was not known for more than a month after balloting because of the extended process of counting and recounting Florida's presidential ballots. State results tallied on election night gave 246 electoral votes to Republican nominee Texas Governor George W. Bush and 255 to Democratic nominee Vice President Al Gore, with New Mexico (5), Oregon(7), and Florida (25) too close to call that evening. Gore won New Mexico and Oregon over the following few days; but the result in Florida was to be decisive, regardless of how those two states had voted.

After an intense recount process and the United States Supreme Court's decision in Bush v. Gore, Bush won Florida's electoral votes by a margin of only 537 votes out of almost six million cast (0.009%) and, as a result, became the president-elect. The process was extremely divisive and led to calls for electoral reform in Florida. Bush became the first Republican to win the White House without carrying Palm Beach County since the county's founding in 1909. If Gore had won the recount, then he would have won the election with a total of 292 electoral votes, and Bush would have lost with 246 electoral votes.

    So, knowing I am putting my life at extreme risk, I rule U.S. Constitution Amendment 14, Section 3 bars Donald Trump from being president of the United States of America, even if he is on every state ballot, and even if he wins the popular vote and Electoral College vote in 2024.

    When pigs fly?

Featured painting 

2007 Key West Art Behind Bars show 

which I purchased

sloanbashinsky@yahoo.com


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