Constitutional Crisis of Conscience

Last week, after the Maine Secretary of State ruled that Trump was not eligible to be on the state’s ballot for president, Maine's Republican senator Susan Collins posted a comment that voting for a presidential candidate should be left up to the voters, and not the courts.  It’s a sentiment that has been stated relentlessly by other Republican officials, as well as a great many party members.

In a perfect world, Trump would indeed be on the ballot and then lose so badly that his fascism is discredited at the polls.  However, also in a perfect world, what's written in the U.S. Constitution would be supported.  Like how we all accept that only natural born citizens are eligible to run.  And only people at least 35 years old are eligible to run.

Still -- putting aside for the moment why anyone who believes in democracy would ever even want to nominate someone to be president who incited an Insurrection to overthrow the government, let alone was indicted four times, and was found liable for the equivalence of rape -- I do at least understand Republican supporters of Trump wanting him on the ballot if they choose to nominate him, and not let the courts decide. 

However, using their logic, let me suggest a situation for them --

What if Democrats ever decide one day to again nominate Barack Obama to run for president?  Republicans themselves insist a party should be able to nominate whoever they want, that the decision of who wins should be up to the voters.  So, if Republicans don't think Barack Obama should be allowed to run for president again -- why not? 

“Well, that's obvious, he’s not allowed to!”

Why not??

“It’s against the law.”

I thought you said it should be up to the voters, though, not the courts.

“But this is different, it’s actually in the Constitution.”

So is the 14th Amendment.

“But this is different!!!”

How??

“A president can only be elected twice!!”

Why?

“Because it’s in the Constitu…  It’s different!!”

No, it's not, they're written both in the Constitution.  And so, they're both matters of law.  They're not merely something left for the voters to decide.  If there's an interpretation needed, that's why it has to be decided by the courts.  "The voters" aren't who interpret the law.

“Well...well, but Obama was born in Kenya!”

No, he wasn’t.  But, hey, just for the sake of argument, let’s say he was born in Kenya.  So what?

“If he wasn’t born in the U.S., then he wouldn’t be eligible.  Ha!!!  Got you!”

“Why would that matter??

“It’s in the Constitu…!!  Oh.  Jesus fuc…”

Hey, let’s just say – and again, only for the sake of argument – that you’re right.  But let's put Barack Obama aside for now.  Okay?  Fine, what if instead Democrats want to nominate Taylor Swift?  She seems nice, and lots of people like her.  And she gets lots of fans registered to vote -- and you're all for letting voters decide.  So, that's good, right? And she hasn’t been elected president even once. And was born in the U.S.

“But she’s only 34.  She’s not eligible.”

Says who?

“It’s in the Constitu…  I hate you!”

Haters gonna hate, hate, hate, hate, hate.

“And besides, she’s a woman!”

Now, c'mon, you know that’s legal.

“Yes…but it wasn’t in the original Constitution!  Make America Great Again!”

Actually the Constitution only said that women couldn’t vote.  Not that they couldn’t be president.  And besides, the womenfolk can vote now.  And the Blacks.  And the gays.  I know that’s hard on you to deal with.  But shake it off.

“Oh, screw you!”

Hey, I’m just quoting you.  You’re who said that a party should be able to nominate whoever they want, and that it should be left up to the voters to decide, not the courts.

“You’re twisting what I said!”

So, you don’t believe in what you said?

“No!  I mean, yes.  Wait, no, I don't.  Er, yes!  Now, you've got me all confused, what are you asking??  I…no, I don’t know what I believe in!!!

Yes, that’s been very clear for an extremely long time.  Obama for President in 2028!!

“Can we please just stop this??”

Yes We Can.