Opinion: Upholding constitutional integrity and due process in the face of partisan overreach
Marting is a conservative author and serves on the board of the San Diego Young Republicans and lives in Bonsall.
The recent decision by the Colorado Supreme Court to remove former President Donald Trump from the ballot is not a national issue — it is a local issue. With calls for similar actions here in California, the removal of candidates is raising serious constitutional questions. This decision by Colorado, while politically expedient for some, places our democratic and constitutional system in a dangerous place and sets a precedent that undermines the rule of law and due process — no matter the political party.
Reflecting on the unfolding political drama, it’s essential to grasp a fundamental truth: Congress did not remove Trump for alleged insurrection. Our system hinges on abiding by legal standards and honoring their outcomes. The impeachment and trial of a former president are actions of monumental gravity, reserved for our lawmakers. In Trump’s scenario, it’s vital to recognize that Congress, fulfilling its constitutional duty, did not find grounds for conviction. This outcome, whether desirable for Democrats or not, solidifies Trump’s eligibility for office within the framework of our legal and constitutional principles. This fact isn’t just a minor detail; this undermines the entire argument of the removal.
Additionally, Trump has yet to be convicted in a court of law for engaging in or inciting an insurrection. In our great nation, individuals are presumed innocent until proven guilty. This standard is the bedrock of our legal system and must be upheld. It is essential to make a distinct difference between legal facts and political rhetoric. Without a conviction in a court of law, this is nothing more than partisan politics on the grandest of levels.
Let’s make one very clear: what the Colorado Supreme Court did is outright wrong, dangerous, and ultimately unconstitutional. This act cruelly violates American individuals’ rights to self-determination and infringes on voters’ rights. The power to decide who leads this great nation is in one party’s hands: the voters, not the judiciary.
This an assault on our fundamental rights and Trump’s due process. It sets a precedent where any candidate, regardless of party affiliation, could be disqualified based on partisan interests rather than legal qualifications. Regardless of political affiliation, as Americans, we must not allow this misguided act to establish precedent.
Following the Colorado ruling, the efforts to disqualify Trump from the ballot in California are not just parisian gamesmanship, but outright dangerous. They represent a clear and present danger to the principles of due process, the rule of law and the legitimacy of our constitutional system. It is essential, regardless of political affiliation, to stand against such overreaches and uphold the foundational principles that make our nation great. I fear that if this is not promptly overturned by the Supreme Court, we will fall into a very dark period for democracy. I hope we are not witnessing the fall of our great nation.
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