The Hill criticizes op-ed calling on Congress to block Trump from taking office: ‘You guys are sick’

The Hill Opinion Columnist Call on Congress to use 14th Amendment disqualification to prevent President-elect Donald Trump from taking office next month.

in column Published on Thursday– Evan A. Davis and David M. Schulte argue that the 14th Amendment allows Congress to object to electoral college votes. Because they consider Trump to be “The rebel who broke the oath”

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Section 3 of the 14th Amendment prohibits former officeholders from “Participating in a rebellion” or “Aiding or facilitating the enemy” from holding public office again This restriction can be removed with a two-thirds vote in each chamber.

U.S. President-elect Donald Trump looks on at Turning Point USA’s AmericaFest at the Phoenix Convention Center on December 22, 2024 in Phoenix, Arizona. (Rebecca Noble/Getty Images)

Davis, former executive editor of the Columbia Law Review, and Schulte, former executive editor of the Yale Law Journal, cited the disqualifications. Claiming that Trump has no right to be president. The pair called on Congress to act when they meet in a joint session to officially count the electoral votes next week.

“The disenfranchisement was a result of rebellion against the constitution, not the government. Evidence shows that Donald Trump’s participation in the insurrection is overwhelming,” they argued. “The matter was decided in three separate forums, two of which were fully contested by Trump’s advisers. Actively participate.”

The author refers to Trump’s second impeachment trial. That was the January 6 hearing investigating the attack on the Capitol by Congress and Colorado Supreme Court Ruling to disqualify former president and incoming president from appearing on state ballots in 2024 as grounds for his ineligibility

“On January 13, 2021, then-President Trump was impeached. ‘Incitement to insurrection’…Incitement to insurrection covers ‘Participating in rebellion’ is unconstitutional ‘or providing assistance and facilitation to the enemy’ which is grounds for disqualification. specified in Section 3,” they claimed.

“The inevitable conclusion of this evidence is that Trump is engaging in rebellion against the Constitution.”

Colorado’s ruling to kick Trump off the ballot on the basis of 14th Amendment disqualification, which the U.S. Supreme Court overturned, found “clear and convincing evidence that President Trump has engage in insurrection because of the use of those words in Article III,” Davis and Schulte wrote.

President-elect Trump at AmericaFest in Arizona (Rick Scuteri)

But that decision has been appealed. And the Supreme Court ruled in Trump’s favor, concluding that “states do not have the authority under the Constitution to enforce Section 3 with respect to federal positions. Especially the position of president.”

Still, Davis and Schulte argue that “The court did not address its finding that Trump engaged in insurrection,” insisting that the Supreme Court’s decision in the case does not prevent Congress from rejecting electoral votes when they meet in session. January 6th

The Electoral College vote officially moved Trump one step further toward becoming president.

“Counting Electoral College votes is a constitutional matter unique to Congress. Under well-agreed laws This fact leaves the Supreme Court without a voice on the matter. This is because refusing to vote on grounds specified in the Constitution is a political question that cannot be verified,” they claim.

Columnists urge Congress to reject votes using the Election Count Act. which allows objection only if “Voters from the state are not legally certified. or if the vote of one or more electors cannot ‘Regularly received'”

“Voting for candidates who do not meet the constitutional qualifications is According to the use of the word “Disqualifications for rebellion are no different from disqualifications for other requirements,” they claim. of the Constitution, such as age and nationality since birth and 14 years of residence in the United States.”

Objections under the Counting Act require a petition signed by 20 percent of the members of each house.

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The dome of the US Capitol building is visible from a perch in Washington, D.C. (Fox News Digital)

“If the objection receives a majority in each house, Score will not be counted. and the number of votes required to be selected is reduced by the number of disqualified votes. If all Trump votes are not counted, Kamala Harris will be elected president,” they wrote.

“The unlikelihood that congressional Republicans will do anything that might elect Harris for president is clear,” they concluded, “but Democrats need to stand firm against the electoral college votes. Elections for persons constitutionally disqualified from holding office unless and until this disability is eliminated. Their oath is no less than to support and defend the Constitution.”

This column was quickly and ferociously attacked online. The critics accused the author of “Support the rebellion”

“Oh look, the Democrats want to steal the election and invalidate the will of the American people. A threat to democracy,” Trump campaign spokesman Steven Cheng wrote in

“You guys are sick,” Eric Trump responded.

–It looks like @thehill is advocating rebellion. Yes, let’s block the presidential inauguration of the popular vote and the Electoral College. Let’s see how it goes,” said anti-woke activist Robbie Starbuck.

This article constitutes a conspiracy to subvert the 2024 elections,” Will Chamberlain, senior counsel for the Section 3 Project, posted.

Tim Young, political comedian Commented, “@thehill in fantasy land. The Democrats at The Hill Think They Can Stop Trump from Taking Office.”

Kevin and Keith Hodge, also known as the Hodgetwins, responded, “This was truly an insurrection against the will of the people.”

“It sounds very rebellious,” agreed journalist Ian Miles Chong.

“Arrest warrants issued for those who say less about Biden in 2021,” conservative commentator John Cardillo posted–

“This is the type of nonsense that Democrats must deny Trump a victory in a fair democratic process,” the former presidential candidate said. John Delaney wrote– “Democrats should work with him when it is in the best interests of the country or their constituents. Or stand firm when it isn’t. Americans don’t want a real deterrent.”