voting aught to be a simple process but for reasons we don't wish to address, we make it difficult;

In an opinion piece published by The Hill on December 26, 2024, lawyers Evan A. Davis and David M. Schulte recommend a full assault on Democracy to block President-elect Donald J. Trump from assuming the presidency to which he was elected by a landslide in a fair election with overwhelming participation.

They argue that members of Congress, the representatives of the voters who chose President Trump by a record number of votes, now have an obligation to thwart the expressed will of the American people and that such action by Congress should be constitutionally insulated from judicial review.

They are wrong in every regard. Their thesis represents a dangerous perversion of the Constitution rather than the lawful application of the 14th Amendment. Indeed, among other fatal deficiencies in their argument and their purported support for it, they not only misread Section 3 of the 14th Amendment, they ignore Sections 1 and 5 and the 5th Amendment guarantee of due process with respect to action by the federal government.

Around 1864, President Lincoln reportedly said in substance, “Elections belong to the people….” Davis and Schulte clearly disagree.

All of the information they rely on to argue that Congress should bar President Trump from assuming the presidency was fully available and taken into account by the electorate and was soundly rejected as disqualifying.

The writers apparently believe in Democracy and the sanctity of the vote only when their side wins.

They clearly reject the fundamental principles affirmed by the Supreme Court in 1979, in the landmark case, Illinois Bd. of Elections v. Socialist Workers Party, that “it is beyond cavil that ‘voting is of the most fundamental significance under our constitutional structure.'”

Rather they appear to subscribe to the Jerry Nadler (D-NY) school of anti-Democracy, reflected in his shameful call in 2019 to find a way to remove President Trump from office, because, in his view, the American voters cannot be trusted.........more......