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Minnesota Supreme Court Upholds Trump's Inclusion on GOP Primary Ballot in 14th Amendment Challenge

Updated: Nov 14, 2023

In a decision that upholds the principles of party, the Minnesota Supreme Court has affirmed the rights of the Republican Party to determine its own candidates for the presidential primary ballot. By declining to utilize Section 3 of the 14th Amendment as a basis for disqualifying former President Donald Trump, the court has demonstrated its commitment to respecting the party's prerogative in candidate selection.

This decision aligns with my values of individual liberty, limited government interference, and the belief in the importance of party autonomy. By allowing the Republican Party to exercise its right to determine its own candidates, the Minnesota Supreme Court has upheld the principles of democracy and the democratic process, ensuring that voters have the opportunity to have their voices heard in the primary elections.

The 14th Amendment’s “disqualification clause" prohibits individuals who have engaged in insurrection or rebellion from occupying public office. While the Constitution does not provide explicit guidance on enforcing this ban, it has been utilized in the past against former Confederates. The disqualification clause of the 14th Amendment, often referred to as Section 3, states that individuals who have engaged in insurrection or rebellion against the United States, or have given aid or comfort to its enemies, shall be disqualified from holding any office under the United States or any state. Originally included to prevent former Confederates from assuming positions of power after the Civil War, this provision has only been applied twice since the late 1800s.

Senator Tim Kaine of Virginia believes there is a strong legal argument to apply this provision to former President Donald Trump, in light of his actions surrounding the January 6 attack on the U.S. Capitol. Kaine argues that President Trump's actions on January 6, 2021, when a “mob” stormed the U.S. Capitol, can be seen as engaging in insurrection or rebellion against the Constitution itself. He contends that the attack was intended to disrupt the peaceful transfer of power, a fundamental process outlined in the Constitution. Kaine suggests that disqualifying Trump from future public office under the 14th Amendment would be a suitable response to hold him accountable for his alleged role in inciting the events of January 6, 2021.

The problem with Kaine's argument is that he fails to outline any specific actions that Trump took to support his position “as engaging in insurrection or rebellion against the Constitution. “ Even the Department of Justice has not pursued charges of insurrection because legal definitions of insurrection and rebellion don't align with the events that transpired on that day.

In America, we believe that the people should decide who they want to represent them and not the government! I will make sure that these constitutional rights are upheld and the American people have the freedom to choose their leaders.

Vote for Gwen Hickman. Please support Hickman for Senate by donating to Stand with me so I can fight for your rights.

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