Honolulu Star-Advertiser

Wednesday, June 26, 2024 87° Today's Paper


Letter: Courts will decide on insurrection clause

It is unfortunate that some citizens think that Section 3 of the 14th Amendment of the U.S. Constitution should not be used to exclude Donald Trump from the ballot this fall because he has not been convicted of insurrection in a criminal case (“Nothing democratic about ruling candidates off ballots,” Star-Advertiser, Letters, Jan. 3). Virtually no Confederate after the Civil War was criminally convicted of insurrection either.

We are a nation of laws and the Constitution is part of those laws. In both Colorado and Maine, Trump was given a hearing where both sides could offer evidence. In Colorado, it was in a court, and Trump has sought review in the U.S. Supreme Court. In Maine, it was in an administrative hearing, the decision of which will no doubt be appealed to the courts.

In both cases, Trump was found to have called for an insurrection, there being substantial evidence supporting those findings. These cases will be appealed to higher courts and the final word rests with them.

The 14th Amendment bars insurrectionists from holding office under the Constitution. That is the law which the courts must enforce.

Earle A. Partington

Nuuanu


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