Letters to the editor

Letter to the Editor: Decision must not stand

Everyone is aware of the state of Colorado Supreme Court's controversial decision to remove Donald Trump's name from the ballot in their primary election, based on the 14th Amendment, Section 3, because they allege Trump engaged in an insurrection against the U.S. government on Jan. 6, 2021. Trump is appealing their decision to the U.S. Supreme Court.

The 14th Amendment, Section 3 reads: "No person shall be a senator or representative in Congress or elector of president and vice-president, or hold any office, civil or military, under the United States or under any state, who having previously taken an oath as a member of Congress or as an officer of the United States or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or have given aid or comfort to the enemies thereof, but Congress by a vote of two-thirds of each House remove such disability."

Section 5 reads: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." Thus, it is the responsibility of Congress to enforce these provisions, not state courts or officials.

The U.S. Supreme Court can rule because the president isn't mentioned in Section 3 of the 14th Amendment, it doesn't apply to him.

The U.S. Supreme Court could rule in Trump's favor because he was never charged, let alone convicted of insurrection. In America, everyone -- even Trump -- is innocent until proven guilty in a court of law, after due process.

Lastly, the U.S. Constitution doesn't define what constitutes insurrection. That falls under the jurisdiction of Congress, not state courts or officials to define. Hence, if speaking out against election results you disagree with constitutes insurrection, Hillary Clinton, Al Gore, etc., are all insurrectionists and can never again hold public office. Speaking out is protected by the 1st Amendment freedom of speech clause.

If the Colorado Supreme Court's decision is allowed to stand, other "blue" states will remove Trump's name from their ballots and "red" states will do the same with Biden's name for insurrection, dereliction of duty, etc.

What if then neither candidate can receive 270 votes in the electoral college? Who would become president? Who would then decide? Congress?

Our future presidential elections would be in chaos.

Steve Wolverton

Parkersburg