NO CONGRESS, THIS IS BIDEN'S JOB

Why President Biden Must Declare Trump Ineligible for Office

The stakes could not be higher. As the 2024 election season accelerates, we face the real possibility of a return to a Trump presidency, a return that would pose an existential threat to American democracy. For those who believe in the rule of law, constitutional integrity, and the continuity of our democratic values, a crucial and urgent question emerges: Is there a lawful, immediate way to prevent this outcome?

I believe there is, and it’s time to call on President Biden to take decisive action by declaring Donald Trump ineligible for office, exercising executive power and enforcing the 14th Amendment’s Section 3, which bars individuals who have engaged in insurrection from holding office. Unfortunately, a recent Supreme Court decision has undermined this essential provision, dangerously shifting the responsibility to Congress, where it risks stagnation. Biden must use the authority vested in the executive branch to prevent the collapse of the rule of law under another Trump administration.

A Constitutional Duty

The Supreme Court’s recent decision to sidestep precedent and defer the enforcement of the 14th Amendment’s disqualification clause to Congress was not only disappointing—it was an evasion of responsibility. Section 3 of the 14th Amendment is clear: those who have engaged in insurrection or given aid to those who have cannot hold public office. For decades, the executive branch has been tasked with enforcing the Constitution in myriad circumstances, whether in voting rights cases, civil rights protections, or national security threats. The Executive Branch does not require permission from Congress to fulfill its duty to uphold the Constitution, and it certainly does not need it here.

Yet the Court’s ruling ignored this robust precedent, undermining the separation of powers in favor of political gridlock. Congress, mired in partisanship and gridlock, will predictably hesitate, and such delay could ultimately allow an unfit candidate to return to office. This decision threatens to make the 14th Amendment’s disqualification clause functionally meaningless and dismisses the executive branch’s role as the Constitution’s enforcer. This dereliction could result in immeasurable harm to our democratic norms and institutions.

Why Congress Cannot Be Relied Upon

The Supreme Court's directive for Congress to manage Trump's eligibility is, at best, a misinterpretation of separation of powers and, at worst, a punt to stall accountability. Congress, as it currently stands, is hopelessly divided. With the House in disarray and Senate dynamics in flux, any effort to invoke Section 3 through congressional action would likely be marred by partisan divides, potentially allowing the issue to stall indefinitely. In this climate, Congress is ill-equipped to ensure the amendment’s enforcement.

Relying on a divided Congress to make a ruling on Trump’s eligibility is akin to granting immunity to those who flout our democratic principles. The power of enforcing the 14th Amendment’s disqualification clause lies in the hands of the executive branch, and President Biden has both the moral and constitutional responsibility to act.

Biden’s Unique Role and Responsibility

President Biden’s oath binds him to "preserve, protect, and defend the Constitution of the United States." With this responsibility comes the duty to enforce the Constitution’s principles, including the 14th Amendment’s mandate that those who have sought to undermine or overthrow the government cannot hold public office. Trump’s actions during and after the January 6th insurrection meet this criterion. His attempt to overturn a democratic election was an act that sought to dismantle our government, fitting the definition of insurrection and directly contravening the 14th Amendment.

The Biden administration has a historic opportunity to set a precedent in enforcing constitutional protections. By declaring Trump ineligible, Biden would be upholding the Constitution in its entirety, not merely preserving a single part but safeguarding the whole. This decisive act would show that no individual, no matter how influential or powerful, is above the law.

How Do We Implore President Biden to Act?

The key question now is not merely one of legality but of will. How can we persuade President Biden to take this necessary action? This proposal must be voiced strongly by every American who cherishes the sanctity of democratic governance. Petitions, open letters, editorials, and media campaigns can be vehicles to communicate the urgency of this measure to the President and his advisors. This is no ordinary call to action; it is a call to uphold the fundamental fabric of American democracy.

Additionally, this issue should be debated on public platforms, encouraging national discourse on the precedent set by Trump’s conduct and the constitutional imperatives it triggers. We, the people, must demand a response that echoes the constitutional mandate to disqualify those who threaten our republic.

Time to Act

This moment is pivotal. The executive branch has long served as the enforcer of constitutional mandates when other branches falter or fail. President Biden must rise to this occasion, not merely as a politician but as a guardian of the democratic principles that underpin our society. The law is on his side, the Constitution mandates it, and history will remember his choice.

Let us make this appeal unmistakable and unyielding. We cannot afford to let constitutional enforcement fall by the wayside as we await a fractured Congress to take up its mantle.

William James Spriggs