During my professional career, I’ve said it countless times and in countless ways: perception is reality. Oh, I wish I could take those moments back! Not just because of my awful tendency to weave profanity into my version of the cliché, but because the cliché itself has engulfed far too many of us.
In 2024, the war between the genuine and the real will be epic.
Yes, yes, this is a great election year, the latest in a series of the most vital elections of our lifetimes. And nothing puts more strain on the continuum of faith and truth than election season. This year, it’s pretty much the total game.
Let’s talk about the pesky Fourteenth Amendment and other problematic legislation that will have an effect on the presidential race. Former President Donald Trump’s never-ending legal saga is ground zero in the war between belief and reality. Its main recent problem, being left out of the polls in Colorado and Maine, has fostered debates and conversations directly outside the Twilight Zone.
Too many politicians from both parties are pandering to voters by taking the position that Trump’s quest to return to the White House should be decided solely by the election. Of course, we all agree with the authority of elections, even though Trump and his supporters didn’t agree with it in 2020. Many of them still don’t. But before voters get to decide in any year, candidates must be qualified to hold the office.
Article II, Section 1, Clause Five of the U. S. Constitution sets forth the qualifications for being president. We learned it in school number one: the user will have to be a citizen by birth, be at least 3 five years old, and have lived in the country for the last 14 years.
The Fourteenth Amendment, passed after the Civil War, replaced those characterizations to save those guilty of infiltrating public service in the newly restored union. The transparent and enforceable language of segment 3 reads: “No one shall. . . “Hold a position. . . (after) participating in or opposing an insurrection, or aiding or abetting its enemies. “
The language is simple. It’s awkward right now, but it’s still transparent and enforceable. And the truth is that this is a legal issue, not a political one. There is no price for politicians who proclaim “let the electorate decide!”The Constitution does not allow itself to be set aside by the whims of the moment. This has never been the case before and there is no explanation for doing it now.
For Trump and his supporters, good luck at the Supreme Court in January.
The question of presidential immunity for movements similar to Trump’s insurrection will likely be raised this month as well. The truth is that more than 700 people have been convicted of crimes similar to that of January 6. There is a great deal of evidence implicating Trump’s rogue role in this matter. Too many Americans think this is also something that deserves to be through public opinion. No. No at the moment, that’s not the case. The political procedure would possibly lead to new legislation in the future, but we did not vote on the applicability of legislation as it exists today or in the past.
None of those issues will be solved through public comment or artistic social media posts. They will make a decision in court, as they deserve, even if the legal issues aren’t that complicated.
For SCOTUS to interpret the insurrectionary language of the Fourteenth Amendment as not applying to Trump, it will have to put in some effort. They may simply say that a conviction is mandatory or that he was not technically “an official” of the government when he was president. But that will require a resolution that abandons the virtues of “textualism” so dear to this court.
As for the presidential immunity factor, SCOTUS will have to do much more than check to rule in Trump’s favor. It will be mandatory to create an imaginary counter-review. Although this court has undermined my confidence in him with its recent decisions, that simply won’t happen. Trump will be tried in all of his felon cases. It is also a fantasy that will escape conviction in all 4 cases.
This unprecedented legal saga will end badly for Trump in 2024, not because other people of my ilk like it, but because crime and the law are so clear. There is no escape for him based on reality.
Either the United States is a country of legislation or it is not. It is inconvenient and imperfect, but our legislation has served us better than anyone else. It’s reality.
Many are under the impression that Trump is more than just a fact. When the truth prevails in spite of everything, I hope we will all be prepared.
GET YOUR MORNING PAPERS DELIVERED TO YOUR INBOX
by Michael Leppert, Indiana Capital Chronicle January 2, 2024
Throughout my professional career, I have said it many times and in many ways: belief is reality. Oh, I wish I could relive those moments! Not only because of my terrible tendency to incorporate profanity into my editing of the cliché, but because the cliché itself has taken hold of so many of us.
In 2024, the war between the genuine and the real will be epic.
Yes, yes, this is a great election year, the latest in a series of major elections of our lifetime. And nothing strains the continuity of belief and truth more than election season. This year, that’s pretty much the total game.
Let’s talk about the damn Fourteenth Amendment and other problematic legislation that will have an effect on the presidential race. Former President Donald Trump’s never-ending legal saga is floor 0 in the war between belief and reality. His biggest recent problem, being excluded from elections in Colorado and Maine, has fostered debates and conversations straight from the Twilight Zone.
Too many politicians in both parties are pandering to the electorate by believing that Trump’s return to the White House deserves to be through elections alone. Of course, we all agree with the election authority, even if Trump and his supporters weren’t in 2020. Many of them still aren’t. But before the electorate can cast their ballot for a year, applicants will have to be qualified to hold office.
Article II, Section 1, Clause Five of the U. S. Constitution sets forth the qualifications for being president. We learned it in school number one: the user will have to be a citizen by birth, be at least 3 five years old, and have lived in the country for the last 14 years.
The Fourteenth Amendment, enacted after the Civil War, replaced those characterizations to save those guilty of infiltrating public service in the newly restored union. The transparent and applicable language of Segment 3 reads: “No one shall. . . ” maintain a position. . . (after) participating in or opposing an insurrection, or aiding or abetting his enemies. “
The language is plain. It’s inconvenient for this moment, but it’s still plain and applicable. And the reality is that it is a legal matter, not a political one. There is no value for politicians to proclaim, “let the voters decide!” The constitution is not set aside by the whims of the moment. It never has been before, and there is no reason to do it now.
For Trump and his supporters, good luck at the Supreme Court in January.
The question of presidential immunity for Trump’s moves like the insurrection will likely be this month as well. The truth is that more than 700 people have been convicted of crimes like the one on January 6. There is a wealth of evidence implicating Trump’s criminal role. in this case. Too many Americans think that it is also something that wants to be through public opinion. No. Not at the moment, it is not. The political procedure would possibly lead to new legislation in the future, but we do not vote on the applicability of the legislation as it exists today or in the past.
None of those issues will be solved through public comment or artistic social media posts. They will make a decision in court, as they deserve, even if the legal issues aren’t that complicated.
For SCOTUS to interpret that the Fourteenth Amendment’s insurrection language doesn’t apply to Trump, it will have to strain a little. They could decide a conviction is necessary, or that he wasn’t technically “an officer” of the government when he was president. But it will require a decision that abandons the virtues of “textualism” this court holds so dear.
On the question of presidential immunity, SCOTUS will need to do far more than strain to rule in Trump’s favor. It will have to create a fantasy land. As much as this court has rattled my faith in it with its recent decisions, this just won’t happen. Trump will go to trial in all of his criminal cases. It’s also a fantasy to believe he will escape being convicted in all four cases.
This unprecedented legal saga will end badly for Trump in 2024, not because other people of my ilk like it, but because the crime and the law are so clear. There is no escape for him based on reality.
Either the United States is a country of legislation or it is not. It is shameful and flawed, but our legislation has served us better than anyone ever could. That is the reality.
Many are under the impression that Trump is more than just a fact. When the truth prevails in spite of everything, I hope we will all be prepared.
RECEIVE THE MORNING NEWSPAPER IN YOUR INBOX
Indiana Capital Chronicle is owned by States Newsroom, a network of grant-backed news bureaus and a coalition of donors as a 501c public charity(3). Indiana Capital Chronicle maintains its editorial independence. Please contact Editor Niki Kelly if you have any questions: info@indianacapitalchronicle. com. Follow the Indiana Capital Chronicle on Facebook and Twitter.
Michael Leppert is an author, educator, and communicator in Indianapolis. He writes about government, politics, and culture in MichaelLeppert. com.
DEMOCRACY TOOLKIT
Indiana Capital Chronicle is an independent, nonprofit news organization committed to providing Hoosier residents with a comprehensive review of state government, politics, and elections. The site combines politics with in-depth scrutiny, political awareness, and insightful commentary.
Our stories can be republished online or in print under a Creative Commons CC BY-NC-ND 4. 0 license. We ask that you edit them just for pleasure or for short, provide attribution and link to our website.