WHY BIDEN CAN DECLARE TRUMP INELIGIBLE

The Executive Authority to Enforce Constitutional Amendments: Why Biden Can Declare Trump Ineligible

The United States Constitution, with its amendments, serves as the supreme law of the land, guiding the functioning of our democracy and enforcing laws by the Executive Branch. Recently, debates have arisen regarding Donald Trump's eligibility to run for office, specifically under the disqualification clause of the 14th Amendment, Section 3. Critics argue that only Congress can act, pointing to the Supreme Court's opinion in the Colorado case. However, this perspective overlooks the fundamental role of the Executive Branch in enforcing constitutional amendments, including the 14th Amendment, as a matter of settled precedent.

The Role of the Executive Branch in Enforcing Constitutional Amendments

Under Article II, Section 3, the Constitution mandates the Executive Branch to "take Care that the Laws be faithfully executed." This directive extends to all laws, including Constitutional amendments. When an amendment is ratified, it becomes part of the Constitution and is thus a law that the Executive Branch must enforce.

For example, historical enforcement of the 14th Amendment’s Equal Protection Clause by the Executive Branch is well documented. In landmark cases such as Brown v. Board of Education (1954), which ruled racial segregation in public schools unconstitutional, it was the Executive's duty, often through federal orders and actions, to enforce desegregation against resistant states. This precedent establishes that the Executive Branch can and does enforce Constitutional amendments without requiring new legislation from Congress.

The Supreme Court’s Role and the Misinterpretation of the Colorado Case

Recent discussions around the Colorado case have suggested that only Congress can determine a candidate's eligibility under the disqualification clause of the 14th Amendment. This interpretation, however, misreads the broader principles established by precedent regarding the enforcement of Constitutional amendments. While the Supreme Court plays a crucial role in interpreting the Constitution, the Executive Branch enforces these interpretations as law.

For instance, in Cooper v. Aaron (1958), the Supreme Court made it clear that the Constitution and its amendments are binding on all branches of government, including the Executive branch. The Court stated that the Supreme Court's interpretations of the Constitution are the "supreme Law of the Land," and therefore, the Executive Branch is not only empowered but required to enforce these laws.

The Executive’s Enforcement of the 14th Amendment

The argument that President Biden would be overstepping his bounds by declaring Trump ineligible under the 14th Amendment ignores the Executive Branch's routine enforcement of this amendment. The 14th Amendment, particularly its equal protection and disqualification clauses, has been actively enforced through executive actions. For example, federal agencies and executive orders have been used to combat discrimination and uphold civil rights as mandated by the 14th Amendment.

The enforcement of the 14th Amendment is not dependent on Congressional action alone. It is within the President's authority to ensure that no individual who has engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies holds office—a provision explicitly stated in Section 3 of the 14th Amendment.

Precedent and Stare Decisis

The principle of stare decisis, which dictates that courts should follow precedent, further supports enforcing the 14th Amendment by the Executive Branch. Precedent shows that once a constitutional provision is interpreted, it becomes binding on all branches of government, including the Executive. Cases such as Youngstown Sheet & Tube Co. v. Sawyer (1952) affirm the Executive's duty to execute the laws of the Constitution as interpreted (or by extension, misinterpreted) by the judiciary.

Conclusion

The notion that President Biden would act illegally by declaring Donald Trump ineligible to run for office under the 14th Amendment is fundamentally flawed. The Constitution and its amendments are the supreme law of the land, and the Executive Branch has a clear mandate to enforce them. Precedent supports the authority of the Executive Branch to act on the 14th Amendment without waiting for Congressional action. As history has shown, the Executive has the power—and the duty—to uphold the Constitution and protect the integrity of our democracy.

If Biden declared Trump ineligible based on the explicit stipulations of the 14th Amendment, it would not be an act of overreach but rather a legitimate exercise of the Executive’s constitutional authority. As citizens and stewards of democracy, we must understand and support the mechanisms safeguarding our nation’s principles, including enforcing all constitutional provisions by the Executive Branch.

William James Spriggs