Thursday, December 21, 2023

Trump & Constitutional Amendment 14, Section 3

Trump & Constitutional Amendment 14, Section 3

Should Donald Trump be on the ballot in 2024? Now before the Supreme Court of the United States (SCOTUS), appealed from the recent 4-3 decision of the Colorado Supreme Court. I'm pretty sure that the Trump-loaded SCOTUS will find some bizarre interpretation of the obvious and allow the 4-time indicted, twice-impeached former President, with 91 criminal charges to run again. I also think it is fascinating that the two leading challengers to Trump's GOP campaign -- Haley & DeSantis -- are both saying that we should let the people decide, rather than following the law. What a new and innovative way to handle high-level legal matters in this country.


Anyway, Constitutional Amendment 14, Section 3 (14-3), couldn't be clearer, and the intent of the Congressional drafters is also clear (discussed in the Colorado decision). We've known about 14-3 and the potential legal chaos it would cause if it wasn't resolved before the 2024 election. I was one of the many people who called for this issue to be addressed and dealt with months and months ago. And, it's clear that a resolution can only be made by a decision of SCOTUS. However, in typical American government fashion, advance planning is rarely on the agenda, and as predicted we are now in the middle of an active Presidential campaign, and a legal nightmare threatening the fabric of our sacred U.S. election process. Had this been resolved before the presidential campaign much of this legal drama could have been avoided.

Following the Civil War, Congress decided that they didn't want persons, who had previously taken an oath to support the Constitution, but who wanted to overthrow the government, shouldn't be able to run for public office. They enacted the 14th Amendment, Section 3 as a new restriction/requirement in order to run for any public office. It all makes perfect sense. Why would you want to allow someone to run for office who took an oath to support the Constitution, but had been active in trying to overthrow the government OR to someone who assisted ("aid or comfort") to those who tried to overthrow the government? 

Even though the language and intent seem obvious, the drafters even provided a method to provide relief from the new requirement in case there might be some extreme extenuating circumstances. It had to be an extreme exception; that is why the tough, 2/3rd vote of Congress to exempt it, was required. So Congress could exempt Trump from the requirement and end the entire argument right now.

While it all seems straightforward, the legal beagles, fly-specking the language have come up with two major concerns. (1) is the Presidency really a "civil or military" "office," and, (2) did Trump participate OR provide "aid or comfort" in an "insurrection" even though he has not yet been convicted?

On the first question, it's hard to believe that the drafters would specify "a Senator or Representative in Congress, or elector of President and Vice President, or hold ANY office, civil or military" and not intend to include the President of the United States. Even if you could stretch your legal imagination to conclude that the "presidency" is not a public office; you would also have to determine the "Commander in Chief" is not the highest "office" in the U.S. "military." You would also have to ask yourself, why the drafters wouldn't want a Senator or Representative, etc. OR  "an officer of the United States" to run for public office, but it would be fine to run for the presidency. 

On the second question, while I don't agree, I would say you can argue legally about whether Trump, "engaged in insurrection or rebellion," since he has not yet been convicted; however, I think it is irrefutable that he provided "aid or comfort to the enemies" of the country. At the Washington DC Ellipse on January 6, 2021, there can be no question that Trump incited & encouraged radicals who have now been convicted & are serving time for seditious conspiracy and have been determined to be enemies of the state. Since then, Trump has continued his "aid or comfort" saying, if elected, he will pardon many of the enemies.

So, bottom line, it's the Constitution, the language and intent seem clear; you have to follow it; amend it; or throw it out! What's the precedent for other sections?


Angry Bear Blog: Trump & Constitutional Amendment 14, Section 3

MSNBC: Judge Luttig: ‘The Supreme Court should affirm this decision’ - Trump removed from Colorado ballot

December 28, 2023 [Update]

Clarification of court decisions on Constitutional Amendment 14, Section 3.

General media reporting, various headlines, and news bites have left the impression that the Michigan & Minnesota Supreme Court decisions are in direct contrast to the Colorado decision. This is not the case. It is important to distinguish between eligibility for the primary election as opposed to the general election.

Below, as explained by Elizabeth M. Welch who wrote a dissent in the Michigan case, is a summarized legal explanation.

"Significantly, Colorado’s election laws differ from Michigan’s laws in a material way that is directly relevant to why the appellants in this case are not entitled to the relief they seek concerning the presidential primary election in Michigan." 

There is "...no analogous provision in the Michigan Election Law that requires someone seeking the office of President of the United States to attest to their legal qualification to hold the office. . . [under Michigan law]  the Secretary of State is not legally required to confirm the eligibility of potential presidential primary candidates."

"I would affirm the Court of Appeals’ ruling on this issue, which still allows appellants to renew their legal efforts as to the Michigan general election later in 2024 should Trump become the Republican nominee for President of the United States or seek such office as an independent candidate..." [emphasis added]

CNN also reports that, "The Minnesota Supreme Court reached a similar conclusion last month, finding that an “insurrectionist ban” case involving Trump should be dismissed with regards to the GOP primary, but that the challengers could try again if he wins the nomination."


Thursday, December 28, 2023 [Update]

Maine Secretary of State Decision in Challenge to Trump Presidential Primary Petitions

Secretary of State Shenna Bellows issued the attached decision regarding three challenges brought by Maine voters to the nomination petition of Donald J. Trump, for the Republican primary for the President of the United States.

In the decision, Secretary Bellows said,

“I conclude… that the record establishes that Mr. Trump, over the course of several months and culminating on January 6, 2021, used a false narrative of election fraud to inflame his supporters and direct them to the Capitol to prevent certification of the 2020 election and the peaceful transfer of power.  I likewise conclude that Mr. Trump was aware of the likelihood for violence and at least initially supported its use given he both encouraged it with incendiary rhetoric and took no timely action to stop it. . .

“The events of January 6, 2021 were unprecedented and tragic. They were an attack not only upon the Capitol and government officials, but also an attack on the rule of law.  The evidence here demonstrates that they occurred at the behest of, and with the knowledge and support of, the outgoing President. The U.S. Constitution does not tolerate an assault on the foundations of our government, and Section 336 requires me to act in response.”

Secretary Bellows has suspended the effect of her decision until the Superior Court rules on any appeal, or the time to appeal has expired.



January 30, 2024 [Update]

MSNBC's Lawrence O'Donnell program discusses the upcoming February 8, 2024, hearing of SCOTUS on Constitutional Amendment 14-3 (Trump v. Anderson). The focus is on the amicus brief filed by 3 prominent Harvard & Yale history professors who delve into the history behind Section 14-3 and present to the court the historical rationale of the amendment for the court's, so-called originalists, to consider.

* The link to the Lawrence O'Donnell program. (See the first 28 minutes)



March 4, 2024 [Update]

SCOTUS Final Holding: Because the Constitution makes Congress, rather than the states, responsible for enforcing Section 3 of the 14th Amendment against federal officeholders and candidates, the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot.


Friday, December 15, 2023

Chatting With AI On Better Government

ME


What ideas do you have for improving U.S. governmental decision-making?


ChatGPT


Improving U.S. governmental decision-making is a multifaceted challenge that involves addressing various aspects of the political process. Here are some ideas that could contribute to enhancing decision-making within the U.S. government:


Increased Transparency:


Implementing greater transparency in government operations, including making information on decision-making processes, policy formulation, and expenditures more accessible to the public.


Civic Education:


Investing in civic education to ensure that citizens are well-informed about the political system, policy issues, and the decision-making process. An informed citizenry is essential for holding leaders accountable.


Digital Innovation:


Leveraging technology for improved governance, such as developing user-friendly platforms for citizens to engage with the government, provide feedback, and participate in decision-making processes.


Evidence-Based Policymaking:


Promoting the use of evidence-based approaches to policymaking, relying on data and research to inform decisions and measure the effectiveness of policies.


Bipartisanship and Collaboration:


Encouraging bipartisanship and collaboration between political parties to reduce polarization and promote consensus-building. This may involve creating more incentives for bipartisan cooperation.


Campaign Finance Reform:


Addressing issues related to campaign financing to reduce the influence of money in politics and ensure that decisions are made in the best interest of the public rather than special interest groups.


Term Limits:


Considering term limits for elected officials to prevent the entrenchment of power and encourage a more dynamic and responsive political landscape.


Ethics and Accountability:


Strengthening ethics regulations and accountability mechanisms to ensure that public officials act in the best interest of the people and are held responsible for any unethical behavior.


Independent Oversight:


Enhancing the role and independence of oversight institutions to ensure that government agencies operate efficiently and ethically.


Public-Private Partnerships:


Exploring opportunities for public-private partnerships to bring in expertise from outside the government, fostering innovation and efficiency in decision-making processes.


Community Engagement:


Actively involving communities in decision-making processes, especially on issues that directly affect them, to ensure that diverse perspectives are considered.


Regular Review and Adaptation:


Establishing mechanisms for regular review and adaptation of policies to ensure they remain effective and relevant in a rapidly changing world.


Implementing these ideas would require a concerted effort from government officials, civil society, and citizens alike. It's essential to recognize that there is no one-size-fits-all solution, and a combination of these approaches may be necessary for comprehensive improvement.


ME

Very good response. Looking closer at Bipartisanship and Collaboration. You suggest "creating more incentives for bipartisan cooperation." Please expand on what incentives you have in mind.


ChatGPT


Certainly! Encouraging bipartisan cooperation can be challenging, especially in a political climate that often experiences polarization. To foster a more collaborative environment, policymakers can consider implementing the following incentives:


Recognition and Awards:


Publicly recognizing and rewarding bipartisan efforts through awards or commendations. This could include acknowledging lawmakers who successfully work across party lines to pass legislation or address key issues.


Committee Leadership Opportunities:


Providing leadership opportunities on key committees to individuals who demonstrate a commitment to bipartisanship. This could involve appointing leaders who have a track record of working collaboratively with members from both parties.


Policy Innovation Funds:


Establishing funds or grants to support policy innovation that arises from bipartisan collaboration. Lawmakers could receive additional resources or funding for projects that involve joint efforts and yield positive outcomes.


Constituent Recognition:


Emphasizing the positive impact of bipartisan cooperation on constituents. Communicating success stories and emphasizing how collaboration leads to better outcomes for the public can create a positive feedback loop.


Media Visibility:


Encouraging media outlets to highlight and celebrate instances of bipartisan collaboration. Positive media coverage can contribute to the public's perception of cooperation as a desirable and effective approach to governance.


Policy Priority for Bipartisan Issues:


Identifying and prioritizing issues that have bipartisan support. By focusing on areas where common ground exists, lawmakers may find it easier to work together, leading to more productive legislative sessions.


Constituent Engagement:


Actively involving constituents in the process and demonstrating how bipartisan cooperation aligns with their interests. Public support for collaborative efforts can create pressure on lawmakers to engage in bipartisan initiatives.


Professional Development:


Offering professional development opportunities related to effective communication, negotiation, and conflict resolution. Building these skills can empower lawmakers to navigate political differences more effectively.


Post-Congress Opportunities:


Creating post-congressional opportunities for individuals who have a history of bipartisan collaboration. This could include positions in think tanks, advisory roles, or other positions that value a collaborative approach to problem-solving.


Regular Bipartisan Meetings:


Establishing regular meetings or forums where lawmakers from different parties can come together in a less formal setting to discuss common goals and concerns. Informal interactions can help build trust and relationships.


It's important to note that these incentives should be designed with care to avoid unintended consequences or reinforcing negative behavior. The goal is to create a political environment where working across party lines is seen as a constructive and beneficial approach to governance. Combining multiple incentives and strategies may be most effective in promoting a culture of bipartisanship.


ME


Are you aware of the differences in makeup and operations of U.S. House & Senate Ethics Committees and the other standing committees?


ChatGPT


Yes, I can provide a general overview of the differences in makeup and operations between the U.S. House and Senate Ethics Committees and other standing committees.


House and Senate Ethics Committees:


1. Purpose:


House Ethics Committee: Responsible for investigating and enforcing ethical standards for members of the House of Representatives.

Senate Ethics Committee: Performs a similar role but for members of the Senate.


2. Composition:


Both committees are comprised of members from the respective chambers, and they include an equal number of members from each political party. Members are appointed by the leadership of each party.


3. Jurisdiction:


The Ethics Committees have the specific jurisdiction to investigate allegations of misconduct, violations of rules, and other ethical issues involving members of their respective chambers.


4. Confidentiality:


The Ethics Committees often operate with a level of confidentiality to protect the privacy of those involved in investigations.


Other Standing Committees:


1. Function:


Standing committees in the House and Senate are responsible for specific areas of legislation and oversight. For example, there are committees on appropriations, foreign relations, judiciary, etc.


2. Composition:


Membership on standing committees is based on factors such as seniority, expertise, and party affiliation. The number of members varies depending on the committee.


3. Jurisdiction:


Standing committees have jurisdiction over legislation and policy related to their specific areas. They conduct hearings, markup bills, and make recommendations to the full chamber.


4. Term Limits:


Standing committee members typically serve on committees for an extended period, and there may not be term limits. This allows members to develop expertise in their committee's subject matter.


5. Public Hearings:


Standing committees often conduct public hearings to gather information on proposed legislation and to hold government officials accountable through oversight.


6. Legislative Work:


While Ethics Committees focus on investigating ethical violations, standing committees are more involved in the legislative process, shaping and advancing bills related to their jurisdiction.


In summary, the House and Senate Ethics Committees are specialized bodies tasked with enforcing ethical standards, while other standing committees focus on legislative work and oversight within specific policy areas. The composition, function, and operations of these committees reflect their distinct roles within the legislative process.


ME


Are you aware of the differences in staffing of the Ethics Committees as opposed staffing of other standing committees?


ChatGPT


Yes, there are differences in the staffing of Ethics Committees compared to other standing committees in the U.S. House and Senate. Here are some general distinctions:


Ethics Committees:


1. Professional Staff:


Ethics Committees have professional, non-partisan staff who are responsible for assisting with investigations and providing legal and ethical expertise.


2. Non-Partisan Nature:


The staff of Ethics Committees is expected to be non-partisan, serving the committee's purpose of upholding ethical standards without regard to party affiliation.


3. Legal and Investigative Roles:


Staff members on Ethics Committees often include attorneys, investigators, and other professionals with expertise in ethics and legal matters.


4. Confidentiality:


Given the sensitive nature of ethics investigations, the staff of Ethics Committees typically operates under strict confidentiality rules.


Other Standing Committees:


1. Committee Staff:


Standing committees have their own professional staff, but the nature of their work is more varied and focused on legislative matters related to the committee's jurisdiction.


2. Policy Experts:


Staff on standing committees often include policy experts, legislative analysts, and researchers who work on issues within the committee's purview.


3. Partisan Nature:


While there are non-partisan roles within standing committee staff, the overall staffing structure may have a more partisan character, especially in terms of leadership roles.


4. Legislative Support:


Staff on standing committees play a crucial role in supporting the legislative work of the committee, including researching policy issues, drafting legislation, and providing support during hearings.


5. Public Engagement:


Unlike the often confidential nature of the work of Ethics Committees, staff on standing committees may engage in public outreach, communicate with constituents, and participate in public hearings.


It's important to note that the specific staffing structure can vary between different committees, and individual committee rules and practices may influence the roles and responsibilities of staff members. Additionally, the staffing structure of committees can be subject to changes based on the priorities and decisions of committee leadership.


ME


With all of the above information as background, do you think that bipartisan decision-making might be enhanced if all standing committees in the U.S. Congress had makeup, staffing and operations similar to the Ethics Committees?


ChatGPT


Implementing the makeup, staffing, and operations of Ethics Committees across all standing committees in the U.S. Congress could potentially enhance bipartisan decision-making in certain aspects, but it comes with both advantages and challenges. Here are some considerations:


Potential Advantages:


Non-Partisan Expertise:


Having non-partisan professional staff with expertise in ethics and legal matters could contribute to more objective analysis and decision-making, reducing the influence of partisan considerations.


Confidentiality:


The confidentiality characteristic of Ethics Committees could encourage a more open and honest exchange of ideas, allowing members to address sensitive issues without immediate public scrutiny.


Uniform Standards:


Applying similar standards across all committees might contribute to a more consistent approach to ethical considerations and decision-making processes throughout Congress.


Potential Challenges:


Specialization:


Standing committees cover a wide range of policy areas, and some may require specialized knowledge that goes beyond ethics and legal matters. Applying a one-size-fits-all approach may not be suitable for committees dealing with complex policy issues.


Public Accountability:


The public may expect transparency and accountability in legislative matters, and the confidentiality associated with Ethics Committees may not align with the need for openness in certain policy areas.


Policy Expertise:


Standing committees often require deep policy expertise to address complex issues. While Ethics Committees focus on ethical standards, other committees need staff with a broader range of policy expertise to handle legislative matters effectively.


Balancing Bipartisanship and Efficiency:


While fostering bipartisanship is essential, committees also need to operate efficiently to address the diverse and time-sensitive issues within their jurisdictions. Striking the right balance is crucial.


Political Climate:


The success of such a shift would also depend on the broader political climate, the willingness of members to embrace a more collaborative approach, and the commitment to bipartisanship at the leadership level.


In summary, adopting the makeup, staffing, and operations of Ethics Committees across all standing committees could contribute to a more non-partisan and ethical approach to decision-making. However, the practicality and success of such a change would depend on careful consideration of the unique needs of each committee and a commitment from members to prioritize bipartisanship and collaboration in their work.


ME


Perhaps you took my suggestion too literally. I should have been more clear. I would still be advocating full transparency and staffing specialties would be consistent with the focus of the committee. I'm suggesting the idea of non-partisan professional staff and equal party membership with co-Chairs would improve bipartisan decision-making. I would also suggest a return to the so-called "regular order" process. What do you think?


ChatGPT


Thank you for the clarification. Your suggestion of adopting some features of Ethics Committees, such as non-partisan professional staff, equal party membership, and co-Chairs across all standing committees, could indeed contribute to fostering bipartisan decision-making. Additionally, advocating for a return to the "regular order" process could bring further benefits. Here's an analysis of these suggestions:


Non-Partisan Professional Staff and Equal Party Membership:


Advantages:


Objective Expertise: Non-partisan professional staff can provide objective expertise, contributing to evidence-based decision-making.

Reduced Partisan Bias: Equal party membership promotes a balanced representation, potentially reducing the influence of partisan bias and encouraging collaboration.


Challenges:


Implementation Logistics: Transitioning to such a model would require careful planning and agreement among members, as well as potential adjustments to committee rules.

Policy Expertise: Committees dealing with specific policy areas may still require members with specialized policy knowledge, and balancing this with equal party representation could be challenging.


Return to "Regular Order" Process:


Advantages:


Transparent Decision-Making: The "regular order" process emphasizes transparency, allowing for public scrutiny and input throughout the legislative process.

Committee Empowerment: Committees play a more central role in the legislative process, allowing members to contribute to bill development and amendments.


Challenges:


Time Constraints: Returning to a more deliberative process may require more time for committee work, potentially slowing down the legislative process.

Partisan Pressures: Even with a return to regular order, partisan pressures may still exist, and achieving true bipartisanship would depend on the political climate and individual members' commitments.


Combined Impact:


Combining these suggestions could create a more collaborative and transparent legislative environment. However, it's crucial to recognize that institutional changes alone may not be sufficient. Political culture, leadership commitment, and individual members' willingness to engage in bipartisan efforts remain significant factors.


Considerations:


Flexibility: Any proposed changes should allow for flexibility to accommodate the unique needs and complexities of different committees.

Public Engagement: Emphasizing transparency should go hand-in-hand with increased public engagement to ensure that decisions reflect the interests of the broader public.


In summary, your suggested changes have the potential to enhance bipartisan decision-making and transparency. Implementing these changes would require careful planning, collaboration among members, and a commitment to fostering a more cooperative legislative environment.