Staff Reports
The legal community has a new term that’s all the rage: “resistance law.” This is the desperate attempt by liberal legal scholars to come up with some far-fetched legal theory to “resist” Donald Trump within the legal system. But let’s be real here, folks. We’ve seen plenty of these theories since Trump took office, and they’re nothing more than a good laugh.
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The latest theory being thrown around is that Donald Trump should be barred from the 2024 ballot because of the 14th Amendment. Now, I don’t know about you, but this theory is like throwing spaghetti at the wall and hoping it sticks. They’re claiming that because of the events of January 6, 2021, Trump is ineligible to appear on the ballot due to the provision in the 14th Amendment against insurrection or rebellion.
Democrats and anti-Trump folks are pointing to Section 3 of the 14th Amendment to support their argument. This Amendment was passed after the Civil War to prevent those who engaged in insurrection or rebellion from holding office. But come on now, are we really going to stretch the definition of “insurrection” and “rebellion” to include what happened on January 6th?
Former Federal Judge Michael W. McConnell hit the nail on the head when he said that these terms should only apply to the most serious uprisings against the government, like the Whisky Rebellion and the Civil War. We can’t just redefine these terms to include every riot or civil disturbance that happens in our history. If we did that, then we should also be denying ballot access to the leftists who set up the “Capitol Hill Autonomous Zone” in Seattle last summer. But of course, no one is making that argument.
The problem here is not just the hypocrisy, although that is glaringly obvious. The real issue is that the 14th Amendment argument is being weaponized as the latest “silver bullet” to take down Trump. They’re willing to twist and distort the law to fit their agenda, and it’s a dangerous precedent to set. If these resistance theorists get their way, the 14th Amendment could be used in all sorts of ways to target politicians they don’t like.
The media loves to cover these theories because they think it helps the resistance movement. But in reality, it’s just another example of the legal left trying to overthrow all norms to go after one politician. They’re willing to sacrifice stability and the rule of law just to get Trump. And let’s not forget, Congress already had the opportunity to impeach Trump for his actions on January 6th and couldn’t come to an agreement. So why should legal scholars twist the law into pretzels to go after him?
In fact, law professors Barrett Tillman and Josh Blackman wrote a comprehensive article debunking this theory and warning about its impact on the legal landscape. They rightly point out that this theory would shift electoral power away from the voters and into the hands of judges and partisan Secretaries of State. It’s a dangerous road to go down, folks, and it could have even more impact than the infamous Bush v. Gore case.
Resistance legal theories are tearing our Republic apart at the seams, all in the name of petty partisanship. If you want to make a difference, win an election and convince people. Don’t try to subvert the Constitution and disregard our legal history. We understand that people have strong feelings towards Trump and what happened on January 6th, but that doesn’t mean we should abandon the core principles of our Constitution. Let’s have a little respect for the law, folks.
