Jim Crawford: Supreme Court has monumental ruling to make

Published 12:00 am Friday, December 29, 2023

The Colorado Supreme Court has determined that Donald Trump is disqualified as a candidate for president on their state ballot for violating Section 3 of the 14th Amendment to the Constitution.

The argument is straightforward.

 On Jan. 6, 2021, then-President Donald Trump called his supporters to Washington, D.C. 

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He specifically chose the day the 2020 election results were to be certified by Congress for his invitation.

That day, he spoke to the assembled crowd, some of them armed, and told them they needed to “fight like hell” or they would “lose their country.” 

Trump then directed the armed, angry crowd to march to the Capitol, where they violently invaded Congress in session, specifically threatening the lives of Vice President Mike Pence and Speaker of the House Nancy Pelosi, the second and third in line for the presidency.

Congress retreated and the Capitol police fought bravely and suffered from violent attacks by the mob. 

The nation watched it all unfold on television, as did Donald Trump, who sat in silence in the White House, refusing to call his minions to stop the violence for hours.

It was the first insurrection in the United States since the Civil War, and Trump was the leader of the insurrection.

His supporters included Republican members of Congress who, like Trump, had sworn allegiance to the Constitution and, on that day, nut violated their oath of office, making them unfit to serve.

Many of those elected officials have not yet been brought to justice, but many others are now serving prison terms for their participation in the insurrection.

The facts are clear: There was an insurrection. Trump led the insurrection and, without his efforts, the insurrection would not have happened. 

According to the Constitution, in plain and clear language, “no person shall … hold any office, civil or military, under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States … 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.”

There is no ambiguity in the words of the Constitution and the U.S. Supreme Court, charged with protecting and defending the Constitution, can have no choice but to support Colorado’s ruling. 

Yet, it is highly likely that the court will reject Colorado’s decision on a partisan basis, creating a constitutional crisis unlike anything before in our history.

It does not have to happen.

Yes, the court and all Americans should be concerned with the consequences of upending an election for the presidency. 

But it is the Constitution that protects our Democracy and the rule of law that makes America unique.

There can be no choice but to disqualify Donald Trump from holding any office.

But there is another reason for the Court to support Colorado’s ruling.

Should Donald Trump run and lose in 2024, as he did in 2020, he will once again deny his loss and rally his supporters to violence, as he did on Jan. 6, 2021. 

That will further undermine trust in the vote, the cornerstone of the nation, and will create a patina of justification for Trump’s false claims, as did the 2020 Big Lie.

The Court must rule in defense of the Constitution because not doing so will create a much more violent outcome than following the rule of law.

Other states may rule as Colorado has before votes are cast. 

Will the Supreme Court undermine the 2024 election when the Constitution demands it act in defense of the nation?

Jim Crawford is a retired educator and political enthusiast living here in the Tri-State.