Whether or not one thinks Trump must be faraway from presidential ballots due to the 14th Modification or not, it’s onerous to not be flabbergasted — even by Trump requirements — on the authorized argument his workforce is making in Colorado court docket, the place a 14th Modification problem to his eligibility has been filed.
Okay, it’s important to sit down for this.
Trump’s legal professionals are arguing that the 14th Modification doesn’t apply to him, nevertheless it states in Part 3 that it solely issues an officer of the USA who has “beforehand taken an oath…to help the Structure of the USA.” And when Trump took his oath, it was solely to “protect, shield and defend” the Structure. To not help it.
Sure, actually. That’s Trump’s argument. That he didn’t swear an oath to help the U.S. Structure. Solely to “protect, shield and defend” it.
The factor is, since that is Trump’s argument why the 14th Modification doesn’t apply to him, it follows that he not solely believes the Structure is written in a approach that it doesn’t pertain to him, however extra to the purpose, that he himself doesn’t consider he swore an oath to help the U.S. Structure, nor was it his obligation to help the Structure, and – importantly – that he didn’t help.
It must be famous that the oath which U.S. Senators and U.S. Congressman swear to does say “help.”
Of their submitting, Trump’s attorneys wrote: “The Presidential oath, which the framers of the Fourteenth Modification certainly knew, requires the President to swear to ‘protect, shield and defend’ the Structure — to not ‘help’ the Structure. “As a result of the framers selected to outline the group of individuals topic to Part Three by an oath to ‘help’ the Structure of the USA, and never by an oath to ‘protect, shield and defend’ the Structure, the framers of the Fourteenth Modification by no means meant for it to use to the President.”
Actually, I’ve a tough time envisioning even an 8-year-old making this argument. “I swear on my dad and mom’ life I’ll protect, shield and defend you after we meet up with the varsity bully.” After which after stepping apart because the thug pounded his pal right into a pulp defined later within the hospital, “Hey, I mentioned I might protect, shield and defend you, I did not say I’d help you.” And suppose that allow him off the hook.
That mentioned, this is not a authorized argument, only a human understanding of actuality. And that is, in any case, a authorized case. Nonetheless, not being a Constitutional scholar myself, and only a author (although now not on strike, so I can dive in on this now), all I can communicate to is from the vocabulary and language standpoint. And since that is an argument particularly a couple of phrase, I feel that it is honest as a author to chime in. And sitting at my keyboard, when one is swearing to “protect, shield and defend” one thing, you aren’t solely supporting it, however providing all of the help for it in each approach you probably can.
However since we writerfolk use dictionaries and thesauruses, let’s go to the reference books, simply to make certain —
Protect: “Maintain or keep in unaltered situation; trigger to stay or final.”
Defend: Defend from hazard, damage, destruction, or harm.
Defend: Defend towards a problem or assault.
Help: Give ethical or psychological assist, or braveness to. Communicate in protection of. To maintain underneath trial or affliction. To take care of (an individual or establishment) by supplying with issues essential to existence.
Oh. “To take care of.” See — Protect.
Oh, wait. “To maintain underneath affliction.” See – Defend.
Oh, okay. “In protection of.” See – effectively, defend.
However once more, I’m only a author, the place phrases matter what they imply.
Is it stunning that the Framers didn’t say “help” within the presidential oath? Sure, a bit. However it’s additionally comprehensible when contemplating that they knew it’s the Chief Government’s duty solely to execute and implement legal guidelines– and never Congress’s – and due to this fact specified the president and nobody else to “protect, shield and defend” these legal guidelines. And additional, it’s comprehensible that they knew “protect, shield and defend” means help and covers help, and including the phrase can be totally redundant.
Is it doable that the Colorado court docket may truly rule a president would not swear to help the U.S. Structure, and that it could be backed up on enchantment? On this world of Trump-appointed judges, who is aware of? However simply think about the precedent that would set for future presidents…
However greater than that – way over that – placing all of this above apart, and leaving authorized arguments to the legal professionals — what sort of one who is within the means of asking individuals to vote for him to be President of the USA, Commander-in-Chief of U.S. armed forces, essentially the most highly effective man on the planet, needs to make an argument in court docket that he’s not required to help the U.S. Structure???!!
Properly…okay, sure, there you might have it. What sort of particular person needs to make a authorized argument he doesn’t need to swear he helps the U.S. Structure? A fascist. A malignant narcissist. An individual who doesn’t consider he has to help the Structure.
Trump.