Not only is Trump toast: all those in Congress or state legislatures who participated, enabled, or provided cover for the insurrection or its participants are barred from office and ballot.
Article II of the Constitution pertains to the Office of the President and Executive Powers. It makes clear the fact that the Presidency is indeed an Office.
Section 1: “The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years...”
Qualifications and further definition provided within Section 1 (emphasis mine):
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In case of Removal, Death, Resignation, or inability to discharge duties — succession of an Officer who shall act as President:
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
An OFFICER would be provided to fill the acting role of President. This reinforces the reality that the Presidency is an Office, performed by an Officer who fulfills the functions of the Office of the Presidency. The Oath of Office is a requirement within this section and definition, to be taken before the Office is entered into:
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Further reinforcement of the fact that the President is an Officer in the eyes of the Constitution is the confirmation that other executive offices are held by officers, such as Section 2 of Article 2:
...of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices...
I’m not going to review the whole document. These sections are the ones which I find to be most relevant to the role, function, and definition of the Office of the Presidency and role of executive officer who holds that role, also known as & referred to as the President.
Trump is toast. In addition, every Republican who participated in the insurrection yet continues to claim, hold, and execute the powers of office is actively engaged in fraud. Since the insurrection, they’re barred by the Constitution from holding office: continuing to act as though they are still legitimate in spite of the fact that many of them know better — and we’ve seen direct evidence of the involvement of many of them — constitutes criminal behavior pertaining to their illegal, unauthorized use of office.
They must be removed, and then indicted for their intentional abuse & misuse of office.
Ideally, Jack Smith and those engaged in pursuing justice will snare participants from the House and Senate, as well as multiple state legislatures. I’m hopeful that we’ll start seeing #ConsciousnessOfGuilt play a role in helping to discern participants who may be targeted earlier due to their actions and behaviors, effectively clearing the way for others while removing obstructions, clutter, and corruption from both state and federal government.
2024 must be the year we clear the corruption and ensure consequences for the actions of corrupt bad actors currently thwarting democracy at every opportunity.
For further reading, check out PiRierran’s A Close Look at Ballot Disqualification and the Supreme Court and the piece The inherent dangers in avoiding the simple directive of Section 3 of the 14th Amendment... by vjr7121, which provide additional thoughts for people to consider.
![Collage of images from "Danse Macabre - And the Band Played On [UPDATED]"](https://images.dailykos.com/images/1268807/story_image/DanseMacabre-collage.png?1706577652 "Collage of images from \"Danse Macabre - And the Band Played On [UPDATED]\"")
