I recently read a commentary titled “The 14th Amendment Effort to Stop Trump” written by Hans von Spakovsky in the January issue of NEWSMAX Magazine. The introductory paragraph shared what we all know; that activists allied with the Democratic Party, other never-Trumpers, and I believe the media, are mounting a vicious war to bar the former president from being a presidential candidate.

The second paragraph gives the punch line “Their claims under the 14th Amendment, however, are invalid.”

While NEWSMAX Magazine, and NEWSMAX TV, have an excellent reputation for their news reporting many aren’t so familiar with Mr. von Spakovsky. The biographical sketch at the end of commentary states: “Hans von Spakovsky is a senior legal fellow of the Election Law Reform Initiative at The Heritage Foundation and coauthor of Our Broken Elections: How the Left Changed the Way You Vote.” I dug a little deeper and found out he is a former member of The Federal Elections Commission and was a Trump appointee to the Presidential Advisory Commission on Election Integrity. I also found out his resume has much, much more than this and that his Law Degree is from Vanderbilt University School of Law. He is a member of the Georgia and Tennessee Bar Associations.

Specifically, Trump’s “problem” is Section 3 of the 14th Amendment to the United States Constitution. This Section to the 14th Amendment was meant to prevent certain former Confederate Soldiers from serving in high positions in government. There are three prerequisites for it to apply, and von Spakovsky points out that Trump doesn’t meet any of the three. Further, von Spakovsky continues, “Trump has never been convicted of insurrection by any court…” True, the House of Representatives charged him with insurrection in their January 2021 impeachment but Trump was acquitted of that by the United States Senate. Then, von Spakovsky continues, because the Congress has never passed any legislation providing for enforcement state courts have no authority to enforce Section 3 of the 14th Amendment.

Finally, von Spakovsky points out “there is a serious, substantial question about whether the disqualification provision of Section 3 still exists as a Constitutional matter.” He cites the final sentence of Section 3 (“But Congress may, by a vote of 2/3 by each House, remove such a disability.”) and further cites the Amnesty Act of 1872 and the second Amnesty Act of 1898.

Von Spakovsky concludes his commentary with “These legal challenges are, by their very nature, anti-democratic and an attack on our election process and the voting rights of the public.”

Given my many experiences in life, I am compelled to add a few thoughts. In my high school Documentary United States History Course I learned to challenge the source to include both the speaker and the publication. Hans von Spakovsky appears to be highly qualified to speak on election issues and his commentary is an excellent one page summary of the situation at hand.

NEWSMAX magazine meets the highest standards for accurate, comprehensive, and fair news reporting. In my military career in subsistence contract quality assurance we had to know all terms of the contract and make sure they were both applicable and current. It appears those that are citing Section 3 of the 14th Amendment forgot to read the final sentence or the Amendments of 1872 and 1899. And it is part of America’s legal foundation that a person is innocent until found guilty.

And, as a handy reference point for the end of the Civil War and the 14th Amendment, review the Terms of Surrender that ended the Civil War at Appomattox almost 160 years ago. Basically, the terms were “lay down your arms and go home”.

Related to this, FOX News recently reported “Republicans respond to Trump ballot bans with bill to make SCOTUS only authority on insurrection challenges” with a Bill by Senator Thom Tillis (R-NC) and four other Republican Senators. While this is a little like locking the gate after the horse was stolen, it is a valuable piece of legislation going forward.

There are a few action steps for your consideration and action. First, study this issue. If you agree “Their claims under the 14th Amendment, however, are invalid” then use your 1st Amendment rights and speak up! Communicate with your Federal Legislators (Senators Johnson & Baldwin, Congressman Van Orden) and then share your concerns with Republican organizational leaders and ask them to forward your concerns “up the chain”! Maybe a Letter to The Editor is within your capabilities? While Trump and Section 3 of the 14th Amendment are of prime interest, don’t forget to mention support of Senator Tillis’ measure about SCOTUS being the only authority on insurrection challenges.

“We the People” must speak for what is right – and soon!