Article VI, paragraph 2 of the United States Constitution reads: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land… ” These words are the foundation upon which our government operates.
What good are constitutions, laws or treaties if the people entrusted to enforce them don’t? A perfect example of this reality was the Donald Trump incited insurrection and rebellion of January 6, 2021. This assault on our Capital should have resulted in Trump and Republicans being held accountable. However the people most responsible for the Jan. 6 incident weren’t held liable. Why was that? The Supreme Court’s conservative majority decided that an unprecedented legal justification known as, “Total Immunity,” allowed Trump and friends to walk away scot-free. This decision was not supported by the Constitution or law.
The Federalist Papers written by Alexander Hamilton, James Madison and John Jay laid out for the people of the post-Revolutionary War era why they should embrace the new Constitution. Hamilton and Madison were both at the Constitutional Convention in Philadelphia in 1787. They participated in the debates and helped write our current Constitution. Nobody knows this document better than these men.
In Federalist Paper No. 69, Alexander Hamilton explained the difference between a king and a president writing; “The person of the king of Great Britain is sacred and inviolable; there is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected.” On the other hand; “The President of the United States would be liable to be impeached, tried, and upon conviction of treason, bribery, or other high crimes and misdemeanors, removed from office, and would afterwards be liable to prosecution and punishment in the ordinary course of law… In this delicate and important circumstance of
personal responsibility, the President of Confederated America would stand upon no better ground than a governor of New York.” Per Hamilton, the president isn’t above the law and can be held accountable for crimes committed against the nation.
The XIV Amendment, Sec. 3 of the Constitution reads in part; “No person shall… hold any office, civil or military under the United States,… who having previously taken an oath,… as an officer of the United States,… to support the Constitution… shall have engaged in
Insurrection or rebellion against the same.” That’s exactly what Trump and Republicans did on Jan. 6, 2021.
When Trump’s opponents said he wasn’t eligible to run for president in 2024, Trump made the following proclamations. He stated that he never took an oath to “support” the Constitution and that he wasn’t an “officer” of the United States.
The president’s oath of office contains these words; “preserve, protect and defend the Constitution of the United States.” Simply because the oath doesn’t mention “support” doesn’t mean it isn’t implied.
As for Trump’s claim that he isn’t an “officer,” Alexander Hamilton puts that claim to rest. In Federalist Papers No. 69 he writes; “The President of the United States would be an officer elected by the people for Four years.”
Amendment XIV is a Civil War-era law preventing national traitors from ever holding office under the United States. The only exception to this law; “Congress may by a vote of two thirds of each House, remove such disability.”
The Supreme Court’s “Total Immunity” decision not only circumvented the disqualification section of the XIV amendment but also Article 2, Sec. 3 of the Constitution which states that the president; “shall take Care that the Laws be faithfully executed.” Conspiring to overthrow a democratic election and inciting insurrection and rebellion against the nation isn’t faithfully executing the laws of the land.
The “Total Immunity” decision derailed any chance that the American people would mete out punishment for national traitors. Instead of holding these insurrectionists accountable, the Robert’s court let them walk.
In 2024, Americans reelected Trump as president despite the events of Jan. 6, 2021 and other notorious acts. Now that’s an outcome that the patients at Arkham Insane Asylum can really appreciate. God bless America!
Paul Guimond lives in Royalston.