It is a false dichotomy to suggest that the question of the former president’s disqualification under the Fourteenth Amendment presents the binary question of whether his disqualification is anti-democratic and anti-Rule of Law or democratic and Rule of Law.
Nor does the “prospect of unelected judges denying voters the opportunity to make their own decision about Mr. Trump’s political future” in any way at all undermine America’s democracy. Indeed, it is to the contrary.
And even less so would a decision by the Supreme Court of the United States that the former president is disqualified under the Fourteenth Amendment to the Constitution in any way at all threaten “the government’s legitimacy.”
It is the Constitution itself that tells us that disqualification from high public office for engaging in an insurrection or rebellion against the Constitution is affirmatively not anti-democratic.
Rather, it is the insurrection or rebellion against the Constitution that gives rise to disqualification that is anti-democratic.
It is for this reason that Section 3 of the Fourteenth Amendment is one of the most democracy protecting and preserving provisions in the Constitution.
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