As Americans, we hold the United States Constitution in a sacrosanct position. The suggestion that the Constitution is “divinely inspired” is held in the hearts of many people.
This firm commitment to the Constitution is often only raised when questions regarding the Bill of Rights are challenged. When issues arise surrounding freedom of speech or a free press, as outlined in the Sixth Amendment, or the right to bear arms in the Second Amendment, there is substantial attention and understanding of what is written in our Constitution, but beyond the Bill of Rights, there is little discussion and understanding.
Keep in mind, the Constitution has 27 amendments.
Somewhat hidden in the Constitution is Section 3 of the 14th Amendment. It reads as follows:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Both former President Donald Trump and Utah Sen. Mike Lee swore to protect the United States Constitution when they took their oaths of office. From the written words in the indictment of former President Trump, and from the public statements of Sen. Lee, they have fulfilled the elements contained in Section 3 of the 14th Amendment to have violated their current oath of office to protect the United States Constitution.
When former President Trump stated, “We fight like hell and if you don’t fight like hell, you’re not going to have a country anymore,” he was encouraging his supporters to attack the United States Capitol and thus violated his oath of office.
When Sen. Lee expressed that he wanted to find legal ways to keep Trump in office, he gave both aid and comfort to the enemy and violated his oath to protect the Constitution.
From reading the elements outlined in Section 3 of the 14th Amendment, I have a question: Could both former President Trump and Senator Mike Lee be disqualified from holding public office in America?
At this acrimonious moment in America, maybe the Constitution is divinely inspired.
Robert Wadman
Robert C. Wadman, emeritus professor of criminal justice at Weber State University, serves as the director of the master of criminal justice program and teaches a wide range of criminal justice courses. His criminal justice experience ranges from walking a beat as a uniformed police officer for the City of San Diego to chief of police in four major U.S. cities.