Tuesday, October 4, 2022

A Conservative Against the Constitution

Commentator Daniel Greenfield is featured on PolitiChicks (https://politichicks.com). He provides readers with insights and outlook against (and for) the things they hate (and love): Transgender Historical Revisionism; They’re Redistributing Wealth not Fighting Inflation; The Wit and Wisdom of Kamala Harris. His column “The Coming Outlawing of the Republican Party” is datelined “2 weeks ago.” That piece included one very weak point which, to me, revealed that his purpose is to provide arguments, rather than to deliver analysis. Greenfield seemed to lack a fundamental understanding of the US Constitution. 

The column in question was about “insurrection lawsuits.”

Associated Press, March 10, 2022, at 2:53 p.m.: Wisconsin liberals on Thursday, March 10, 2022, filed a federal lawsuit alleging that Republican Sen. Johnson, U.S. Reps. Tom Tiffany and Scott Fitzgerald are insurrectionists in violation of the U.S. Constitution for their words and actions in support of Donald Trump leading up to the riot at the U.S. Capitol on Jan. 6, 2021. -- US News & World Reporthttps://www.usnews.com/news/politics/articles/2022-03-10/wisconsin-lawsuit-accuses-3-gop-congressmen-of-insurrection (See also “Lawsuit seeks to block ‘insurrectionist’ Marjorie Taylor Greene from reelection bid” Reuters, March 24, 2022 3:02 PM CDT. You can find much more online with the key phase.)

Daniel Greenfield wrote: “After Biden took over, Democrat activist groups began a push to disqualify Republicans who had participated in the Jan 6 protests from elected office based on the 14th Amendment. Adopted after the Civil War, it’s mostly notable for abolishing slavery. But Section 3 also banned anyone from holding elected office if they have “engaged in insurrection or rebellion” or “given aid or comfort to the enemies thereof.” Aimed at Confederates, most would have considered this a dead letter, but the Left excels at digging up obscure legal fossils and making use of them.”

 

To me, Greenfield’s argument denies a primary value within the American conservative ethos. Greenfield echoes liberal and progressive thinking that the Constitution must be reinterpreted often as our society changes, which is also (to me) a valid point. The demise of “separate but equal” is the classic case. That being as it may, and granted that the US Constitution has its weaknesses, I regard every word as important and consequential.

 

The War Between the States was not the first insurrection. Shays’ Rebellion and the Whiskey Rebellion long preceded it. The Hartford Convention came close to considering secession. On the other hand, even though state National Guard units were called out to quell violent labor protests and strikes of the late 19th century and early 20th centuries those were not insurrections because the strikers did not seek to seize control of the government.  That would also apply to the people in the long struggle of the late 1950s through early 1970s over Civil Rights, war, and the associated issues. In any case, the Constitution is quite clear: the debarrment applies to those who held public office. It also extends to anyone who gave aide and comfort to the enemies of the United States or any State.

Section 3. 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 given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

I believe that anyone who claims to be an American conservative must apply a strict interpretation of the US Constitution and therefore must assert that anyone who has participated in an insurrection against the United States must be barred from holding public office.

 

PREVIOUSLY ON NECESSARY FACTS

Contradictions in the Constitution 

Etruscans and Americans

Unlimited Constitutional Government 

An Objective Foundation for Government 

Furloughs for Freedom: Downsizing the Government 


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