I have been asked time after time over the past year and a half, “Is there any hope for America’s Democracy and, if there is, where is it to be found?"
I’ve always answered, “Yes, there is always hope, even in the midst of seeming hopelessness, and we can find that hope in the American People. The American People will never allow their democracy to fail."
I had this thought again this morning when I saw that Thursday’s tweet of a quotation from one of our Founding Fathers to another almost 230 years ago has been viewed over 2.3 million times in the past thirty-six hours. I could not have imagined.
I want to believe that this response to a mere quotation from the distant past is itself evidence that there is hope, evidence that we Americans are desperate for answers to the questions of our times, “Who have we Americans become? Is this who we want to be?
And if it is not, who is it that we Americans want to be, and what is it that we want our America to be?”
I am as certain of this as I've ever been of anything: Once we Americans do begin to ask these questions of ourselves, the answers will come fast. We will not fail our America. We will save our imperiled democracy from those who want for its demise.
That's my Thanksgiving wish, at least!
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We should all watch and listen to every minute of this conversation between Harvard Professor Emeritus Laurence H. Tribe @tribelaw and Katie Couric @katiecouric in which Professor Tribe thoughtfully,
methodically, expertly -- and exquisitely -- explains the Disqualification Clause of the Constitution and the former president's "vertical" insurrection and rebellion against the Constitution of the United States,"
as well as the recent Colorado case (prior to its Friday decision), the Minnesota and Michigan cases, the pending state and federal criminal cases against the former president -- and America's Democracy.
The Colorado state court decided the most pressing constitutional question facing the nation today, holding that the former president did engage in an insurrection to overturn the 2020 presidential election.
I cannot imagine this fundamental finding of constitutional fact and law being overturned by the Colorado Supreme Court.
But the court erred in holding that the “Office of President” is not an “office under the United States,” turning constitutional interpretation upside down by finding the unambiguous text of Section 3 ambiguous because of a sliver of debate history
The Colorado State District Court, Judge Sarah B. Wallace, held tonight that the former president “engaged in an insurrection on January 6, 2021 through incitement, and that the First Amendment does not protect [his] speech." The court also held that he
"acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means." The court thus found as both fact and law the preconditions to the former president's disqualification under Section 3.
But then, accepting wholesale the former president’s tortured constitutional arguments, the court held that the Presidency of the United States is not an “office under the United States” and that the former president
Prophetic words from Alexander Hamilton to George Washington in 1792 — as apt and timely today as they were over 230 years ago.
“A people so enlightened and so diversified as the people of this Country can surely never be brought to [monarchy], but from convulsions and disorders,
in consequence of the acts of popular demagogues. The truth unquestionably is, that the only path to a subversion of the republican system of the Country is, by flattering the prejudices of the people, and exciting their jealousies and apprehensions,
The time has come for a new legal movement committed to American Democracy, the Constitution, and the Rule of Law, without regard to partisan politics and partisan political party affiliation, and
last night's launch of the new Society for the Rule of Law was inspiring! America's Democracy and the Rule of Law are the causes of our times -- and they are righteous causes deserving of our defense, support, and preservation.
Thank you to the hundreds of lawyers and non-lawyers who registered and joined us last night. You inspired us! Thank you, eminent Yale Law Professor Akhil Amar for starring on the panel about the Supreme Court and the Federal Judiciary.
I had the opportunity again yesterday on @DeadlineWH with @NicolleDWallace to make the single most important point that needs to be made about the Disqualification Clause in Section 3 of the Fourteenth Amendment:
A person is disqualified from "Office under the United States" for engaging in an insurrection or rebellion against "the Constitution of the United States,” NOT for engaging in an insurrection or rebellion against "the United States” or "the authority of the United States
(though it's hard to imagine that an instance of the latter would not also constitute an insurrection or rebellion against the "Constitution of the United States").