Courts Rock Paper Scissors

Games Judges Play

Playing “Rock, Paper, Scissors” with Our Constitution

Our United States Constitution is the supreme law of the land, and was formed as a framework to define the powers, responsibilities, and rights for the purpose of putting governance in the hands of “We the People.”

Sadly, in the past few years we have witnessed the treatment of this treasured document as if it was clay that one uses on a potter’s wheel. We interpret, mold, and dismantle it to fit our own purpose or narrative. We take a section of the Constitution and apply it one way for a certain case, and apply it another way for a different case.

Just looked what the Colorado Supreme Court decided on December 19, 2023 regarding having Donald Trump removed from the 2024 presidential primary ballot. Their reasoning, they claim, was based on Section 3 of the 14th Amendment, which states: US Constitution

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.

We must bear in mind that the 14th Amendment was ratified in 1868 after the end of the Civil War. It was intended for the former members of the Confederate government and military who had previously been in Congress or held executive posts.

Not an insurrection

First of all, J’6 was not an insurrection. It was a gathering of protestors that commenced before former President Trump began his speech at his Save America Rally at the Ellipse, near the White House. Trump was simply exercising his First Amendment right.

At no time did Trump instruct the crowd to storm the Capitol. Instead he said, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

Secondly, the US Senate acquitted Trump of the charge of engaging in insurrection during his second impeachment hearing. And, no federal court has convicted him of the same charge.

Thirdly, the language in Section 3 of the 14th Amendment mentions “electors” of the President or Vice-President, not the actual President or Vice-President.

Yet, here is where this judicial overreach has impacted not only a presidential candidate, but has violated the Constitutional rights of voters in Colorado. The irony is that this same 14th Amendment that Colorado Supreme Court cited to justify their unconstitutional ruling is the same amendment that first addresses voting rights for American citizens in the Constitution.

Voting Rights in the Constitution

As America grew, other Constitutional amendments were added to protect our right to vote. Those are: Voting Rights in Constitution

  • The 15th Amendment prohibits restricting the right to vote due to race.
  • The 17th Amendment requires states to elect senators by popular vote.
  • The 19th Amendment extends voting rights to all women.
  • The 26th Amendment extends the right to vote to everyone 18 years of age and older.
  • Additionally, the 24th Amendment explicitly bans poll taxes, which often prevented low-income citizens of all races from voting.

What the Colorado Supreme Court has done is to deny the right of millions of voters to choose their preferred candidate. How desperate have the radical, woke, leftists become? Their inept and corrupt choice is losing in the polls and they have pulled out all the stops to prevent a proven candidate to restore civility, prosperity, safety, and morality to our once-esteemed nation. Jonathan Turley on Colorado Decision

Our Constitution isn’t a toy or game with which we can pick and choose parts we like, and ignore parts we don’t like. It isn’t to be used as a game of chance – sometimes you win, sometimes you don’t – like rocks, paper, scissors. It is a living, breathing, supreme law of the land. We must trust God and all that He has promised.

And He changes the times and the seasons; He removes kings and raises up kings; He gives wisdom to the wise And knowledge to those who have understanding.  Daniel 2:21

(Mist Carter is Christian patriot who is the author of three books. Her most recent release, “We the People—Daily Devotional for Loving God & Country” is now available. Her previous books are titled, “Our Crumbling Foundation—Will God Cancel Us?” and “God’s Truth About America!” Proceeds from all her book sales go to support Tunnel to Towers!  Contact the author at mistc33@gmail.com.)

(The views expressed in this commentary are those of the author and do not necessarily reflect the official position of the Nevada Signal.)