Section 3 of the 14th Amendment ...
Would Not Exist in Libertarian Land
Adopted in the wake of the Civil War, Section 3’s intent was to prevent Civil War leaders from serving in high federal office. That goal was understandable but misguided.
Section 3 is anti-democratic. If voters wants an insurrectionist, they should get an insurrectionist. In some cases insurrectionists have good reasons for their actions (think the Revolutionary War). Relatedly, Section 3 punishes the losers from internal conflicts, which prevents reconciliation.
And if Section 3 keeps a popular candidate off the ballot, that will likely increase polarization and resentment amongst the candidate’s supporters, perhaps to the point of further, and worse, insurrection.
I do not know. On the one hand, your comment makes sense: states should get to determine their own rules for elections in their states. On the other hand, if it's an election for a federal office, then maybe federal intervention does not violate the 10th amendment? jeff
"Democratic" is a tricky word. I remember a fascinating lecture by Bob Bannister at Swarthmore about how the word "democracy" was something of a dirty word at the time of the founding of this country, often considered a near-synonym to "mobocracy." Note that the word does not appear in either the Declaration of Indpendence or Constitution. The founders were creating a Republic, as Article 4 States: "The United States shall guarantee to every State in this Union a Republican Form of Government." As we recall from High School Civics, the Constitution is replete with devices attempting to prevent the temporary will of the majority from upsetting the apple cart. Even in Ancient Athens, which some consider the best early model of "Democracy," there was a device to remove ("ostracize") any leader who got to popular for 10 years, not even because he had violated any law, but to prevent the unrestricted will of the people from putting a demagogue in power. The Founders, in the Federalist Papers, and elsewhere, spoke repeatedly, and with strong practical experience, on the need to put systems in place to prevent demagogues from taking power - look at Washington's Farewell Address - you would swear it was written mid-to-late 20th Century. So, personally, I find the Section 3 of the 14th Amendment is entirely consistent with the republican form of governement that the Founders crafted. And while implementing it might indeed cause havoc, and I would personally prefer to see drumpf soundly thwacked in a general election . . . if I were one of the jurists deciding this I would remind myself of the oath I took to defend the Constitution, (which I personally have,) hire extra protection for my family, and do the job I swore an oath to do.