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A Moral Argument for Removing Trump from the Ballot. [1]

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Date: 2023-12-21

Let’s step back from the narrow legal arguments and ask the question that many are posing in some form or another: should Trump be removed from the ballot? Beyond the legal arguments, is removing him the best course? To answer the question, most have relied on pragmatic arguments. For example, in his dissent Colorado Justice Carlos Samour argued that allowing each state to adjudicate Section 3 of the 14th Amendment would set off “potential chaos.” Trump’s Republican rivals have claimed that it is best to let the voters determine his fate. Others have argued that disqualifying Trump will infuriate his followers, potentially leading to violence.

None of these arguments consider the moral ramifications of allowing Trump on the ballot. The moral argument is simple. Officials that supervise elections have a duty to ensure free and fair elections, and Trump has proved through his words and deeds that he will not abide by the rules for free and fair elections. Therefore, any officials with the duty to oversee elections must do what is within their legal power to remove Trump from the ballot. And that includes the Supreme Court.

When Senator Daniel Clark of New Hampshire first introduced the amended version that became Section Three, he argued “That would exclude all those who had taken an oath to support the Constitution of the United States, thereby acknowledged their allegiance to that Government, and had proved false to that oath by joining the rebellion.” His argument is that anyone who had proven himself false to his oath of office should not hold office again.

The same can be said of anyone who has proven himself to have no regard for the rules for free and fair elections, as Trump has done on numerous occasions. He has already demonstrated in word and act that he does not think that he is bound to abide by the rules. Further, he has shown that he does not participate in electoral contests in good faith. Free and fair elections are meant to determine the will of the voters, but Trump does not care about that. He simply wants to win by any means necessary. Allowing him to participate contradicts the very purpose of holding an election.

We can cite multiple examples to show that Trump does not think that he is bound by the electoral rules that apply to everyone else. His violations have increased in severity over time. In 2016, he made illegal payments to a porn star to cover up an alleged affair, in violation of election law. In 2019, he admitted to George Stephanopoulos that he would look at illegally obtain negative information about an opponent from foreign powers, in violation of federal election law. After the 2020 election he instigated an insurrection to stop the peaceful transfer of power, as found by a bi-partisan Congressional Committee and the Trial Court in Colorado after a five-day hearing in which Trump was allowed to present evidence to the contrary. In 2022, he called for the termination of the Constitution so that he could be restored to power.

He never promised to accept the results of the 2016, 2020, and 2024 elections. He promises that he does not need to respect elections in the future. He plans to be a dictator on day one of a second term and dictators can cancel future elections if they so choose. Dictators by definition are not bound by legal restrictions, especially electoral ones.

Clearly he neither respects the electoral process nor thinks that he must abide by its rules. That means he should not be allowed to participate in it. Trump does not believe that elections must be free and fair contests to determine the will of the people. He thinks they are contests to be won by any means necessary, including violence. Therefore, his participation contradicts the very nature of elections and undermines their purpose.

If you agree to play a game of chess against someone who announces in advance that they are going to cheat, you are a fool. If you stake your children’s future on the results of the game, you are an immoral fool. We have received a heritage of democratic elections from our ancestors. It is our moral duty to preserve it for our descendants. We cannot jeopardize that inheritance by allowing its demonstrated enemies to participate in the process.

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[1] Url: https://www.dailykos.com/stories/2023/12/21/2213016/-A-Moral-Argument-for-Removing-Trump-from-the-Ballot?pm_campaign=front_page&pm_source=more_community&pm_medium=web

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