DEMOCRACY FAIL-SAFE: THE POWER OF THE EXECUTIVE BRANCH

If Trump wins the electoral vote, how do we save democracy?

The United States Constitution, the supreme law of the land, outlines the framework of our government and enshrines the fundamental rights and responsibilities that guide our nation. Among its various provisions, Amendment 14, Section 3 holds particular significance in maintaining the integrity of our democracy. This provision, part of the post-Civil War amendments, was designed to prevent those who have engaged in insurrection or rebellion against the United States from holding public office. Given its importance, it is crucial to understand how this section can and should be enforced by the Executive branch, headed by the President.

The Executive Branch’s Primary Function: Law Enforcement

The primary function of the Executive branch is to enforce all laws, including the Constitution. As the head of this branch, the President is entrusted with the duty to ensure that the laws of the United States are faithfully executed. This mandate is not selective; it encompasses all laws, from the most frequently invoked statutes to the foundational tenets of the Constitution itself.

Amendment 14, Section 3: A Safeguard for Democracy

Amendment 14, Section 3 of the Constitution states that no person who has engaged in insurrection or rebellion against the United States or given aid or comfort to its enemies shall hold any civil or military office under the United States or any state. This provision was enacted to protect the government from those seeking to undermine it from within. It serves as a critical safeguard, ensuring that individuals who have demonstrated a willingness to act against the nation’s interests cannot assume positions of power and influence.

The President’s Role in Enforcing Amendment 14, Section 3

The enforcement of Amendment 14, Section 3 falls squarely within the Executive branch's purview. The President, supported by the Department of Justice and other federal agencies, has the authority and the responsibility to interpret and apply this constitutional provision. Historically, the Executive branch has enforced various parts of the Constitution through executive orders, judicial appointments, and administrative actions, demonstrating its capability to uphold constitutional mandates.

Current Context and Enforcement Mechanisms

In today's existential threat of fascism and dictatorship, who is in a position to provide the failsafe for democracy? President Biden. No additional authorization or legislative action is required for the President to act. He can and must take direct measures to ensure that individuals who violate this provision are barred from holding public office. This may involve directing federal agencies to identify and disqualify individuals who have engaged in insurrection or rebellion, ensuring compliance with the constitutional mandate.

The Supreme Court Colorado Opinion Is Wrong

In the context of Colorado enforcing Amendment 14, Section 3, the Supreme Court did not recognize the power of the Executive Branch for obvious, although varied, reasons. The Supreme Court opinion should be ignored for reasons we addressed in our proposal to disqualify Trump. https://wspriggs2.blogspot.com/2024/05/in-further-defense-of-proposal-to-deny.html

Reminding the Public of the Executive’s Constitutional Role

Reminding the public of the Executive branch’s role in enforcing the Constitution is essential. This includes educating citizens about the President’s duty to uphold all constitutional provisions, not just those that are convenient or politically advantageous. By reinforcing this understanding, we strengthen the public’s expectation that the Executive will act according to its constitutional responsibilities, including enforcing Amendment 14, Section 3.

Conclusion

As the head of the Executive branch, President Biden has the authority and the obligation to enforce Amendment 14, Section 3 of the Constitution. This responsibility is a fundamental aspect of his role in ensuring that all laws, including the highest law of the land, are faithfully executed. By doing so, he upholds the integrity of our democratic system and protects the nation from internal threats. It is a crucial reminder that the Constitution is not a set of suggestions, but a binding framework that governs our country, and the President must ensure its enforcement.