“Why are you standing with confederates who betrayed this country?” Those words from New York Times editorial board member Mara Gay on MSNBC captured the unhinged coverage of the Colorado Supreme Court’s disqualification of Donald Trump from the 2024 election. While the underlying theory under the 14th Amendment had been previously rejected by jurists in various states (including many Democrats), Gay had a simple take for viewers: anyone raising democratic or constitutional objections are modern day confederates.
Gay was asked on MSNBC’s Morning Joe how she would respond to many of us who have questioned the constitutional basis for using the 14th Amendment to bar Trump from ballots.
Gay responded:
“Why are you standing with confederates who betrayed this country? This is what they’re standing with. It’s the spirit of those confederates rather than the Americans who came together after a long and brutal Civil War that was fought to keep the Union together and clearly saw a threat in ex-confederates running for office. So much so they amended the Constitution to prevent those traitors from running for office.”
It is that simple for the editors of the New York Times: either you support this previously rejected theory to prevent voters from casting their ballots for a candidate or you are a confederate. So those three Democratic appointees on the Colorado Supreme Court were just more confederate fellow travelers.
Gay knows that other states and courts have rejected this theory. She knows that even the majority said that the precedent for the decision was “sparce” and that this was “uncharted territory.” Yet, if you reach the opposing view of most judges who have looked at this question, you are standing not with the Constitution but the confederacy.
The obvious attempt is to intimidate and ostracize those who may have qualms over barring citizens from voting for candidates. It is akin to being called a racist on campus if you oppose diversity policies or standards on academic grounds.
It is only the latest example of how the left is engaging in McCarthy-like tactics to portray advocates for free speech or other constitutional protections as enemies of the state. Back in the day, it was the Democrats who were denounced for raising such legal objections. Now, Democratic members and pundits attack witnesses as “Putin lovers” or supporters of “insurrectionists” in opposing censorship. Or confederates for objecting to ballot cleansing.
Indeed the rhetoric used by Gay is strikingly familiar to the defense for censorship on the left. She added on MSNBC that the Colorado decision “should send a message that our electoral system can be used for nefarious purposes against democracy itself. It’s clear. It’s clear as day.”
Thus, it is up to society to protect citizens from the “nefarious” uses of free speech or free elections by cleansing ballots and social media.
Of course, others simply used the opinion to vent on an almost schoolyard level. Rick Wilson of The Lincoln Project, taunted the former president and said that the court “called you out for what you are. You’re a filthy insurrectionist. You’re a losing loser who loses.” That is still weirdly preferable to labeling anyone raising constitutional concerns as standing with “confederate traitors.” Yet, it is remarkable how these critics who have long objected to Trump rhetoric have adopted the same personal and reckless rhetoric.
Gay’s interview should be chilling for anyone who cares about both law and journalism. It shows the righteous rage that fuels the intolerance in our country. It also shows the potential for this insidious theory as more Democratic politicians, like those in California, who are calling for their own officials to find ways to block Trump from ballots.
❄️ 𝐖𝐈𝐍𝐓𝐄𝐑 𝐒𝐎𝐋𝐒𝐓𝐈𝐂𝐄 𝟐𝟎𝟐𝟑 ❄️
An important global moment arrives at 𝟏𝟎:𝟐𝟕 𝐩.𝐦. 𝐄𝐒𝐓 𝐨𝐧 𝐓𝐡𝐮𝐫𝐬𝐝𝐚𝐲, 𝟐𝟏 𝐃𝐞𝐜𝐞𝐦𝐛𝐞𝐫 𝟐𝟎𝟐𝟑 when the sun shines above the Tropic of Capricorn in the southern hemisphere. The exact time and date of the solstice changes slightly each year. It most often falls on Dec. 21, though sometimes occurs Dec. 22. On rare occasions, the solstice can happen as early as Dec. 20 or as late as Dec. 23, according to timeanddate.com.
𝐒𝐡𝐨𝐫𝐭𝐞𝐬𝐭 𝐃𝐚𝐲 𝐎𝐟 𝐓𝐡𝐞 𝐘𝐞𝐚𝐫 𝟐𝟎𝟐𝟑: 𝐓𝐡𝐞 𝐖𝐢𝐧𝐭𝐞𝐫 𝐒𝐨𝐥𝐬𝐭𝐢𝐜𝐞 𝐄𝐱𝐩𝐥𝐚𝐢𝐧𝐞𝐝
Jamie Carter – Senior Contributor ~ Dec 20, 2023
https://www.forbes.com/sites/jamiecartereurope/2023/12/20/shortest-day-of-the-year-2023-the-winter-solstice-explained/
🌞 🌬️ ❄️ 🕯️
The last sentence of the “disqualification clause”, Section 3 of the 14th amendment reads –
“But Congress may by a vote of two-thirds of each House, remove such disability.”
Twice Congress has removed this clause once in 1872 and again in 1898.
In 1872, the disabilities were removed, by a blanket act, from all persons “except Senators and Representatives of the Thirty-sixth and Thirty-seventh Congresses, officers in the judicial, military and naval service of the United States, heads of departments, and foreign ministers of the United States.” Twenty-six years later, Congress enacted that “the disability imposed by section 3 . . . incurred heretofore, is hereby removed.”
Act of June 6, 1898, ch. 389, 30 Stat. 432:
“An Act To remove the disability imposed by section three of the Fourteenth Amendment to the Constitution of the United State.
Be is enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That the disability imposed by section three of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed.”
(https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/30/STATUTE-30-Pg432b.pdf)
The “disability clause” was removed by Congress, so how can it be used to keep anyone from running for an elected office ?
Yesterday I had a very long day on the road and listened to various radio programming from the “educational channels” such as NPR and the several University Radio Stations along my route….and also some of those “Neo-Confederates” and the difference in the programming showed a stark difference in content and perspective.
The “Neo-Confederate” stations discussed the Constitution, the Rule of Law, and politics with a viewpoint that Constitutional and the Law should be the guiding light…..and the University and NPR stations were all about emotion, propaganda, and poorly disguised Voter outreach by the Democrat Party. Of course, any mention of Orange Man Bad by the non-Neo Confederate outlets omitted any discussion about merits of the cases, offered any legitimate debate about the underpinning of the Decisions or any mention of the Colorado Supreme Court Decision being a 4/3 split decision with really harsh Dissenting Opinions……hell…there was mention whatsoever of the Dissents at all!
On the other hand the Neo-Confederate outlets had wide ranging discussions about the Dissents, the issues raised in the Dissents, and allowed free discussion with live call-in members of the public.
The Leftist sites only used taped quotes or interviews of college students or politicians from the Democrat Party.
That , folks, is the key to our problems today….the brainwashing by the Left of empty heads filled with mush as one fellow used to say frequently on his radio show.
Quite by accident I ran across Sebastian Gorka on the air waves and he had a couple over interesting guests who talked about “Communism” in our age and I found their commentary to be very interesting as they linked the many followers of Marx down through history clear down to Angela Davis, and her generation with its influence on on BLM, SDS, the Weather Underground, Dorhn and Ayers…..and Obama.
There was an interesting segment where Wiki and “Cultural Communism” was discussed and the visiting commentaries talked about Reich and others that figure in that style of Communism have influenced that movement.
The point of their discussion was today’s communist movement is alive and well but has shifted targets to coffee makers and barista’s, government workers, and others who are in Service related occupations.
I am not sure I either understand or embrace all that was said but it did one very useful thing and get me to thinking about what was said.
You shall. not ever find such a wide ranging discussion on CNN or MSNBC or at CBS Radio News…..and darn tooting never at a University or NPR Station.
His radio show was some pain relief having listened to NPR for several hours during the day….although I did not buy any Relief Factor.
Ralph,
I was in the truck taking my parents to the airport, we listen to NPR. In the whole hour of “programming” my father said,
“None of that was news.”
Sparse.
Proofread.
Anonymous, dumb, stop writing.
yes, spell check instead of engaging, We are all familiar.
The plethora of hysterical media and legal attacks are establishing Mr. Trump as a martyr to many and a Hitler to others. Trump is becoming a symbol to each side. For our country, I fear nothing good will result.
Two Gays don’t make a right…it’s a bad day for Gays everywhere- These Harvard and the NYT Gays have pushed back all the hard won gains taking centuries to achieve through their misguided progressive fascism.
There was an interesting breakdown of the judges of the Colorado Supreme Court. Although all are democrats, the 3 judges who voted against the disqualification of Trump were graduates of the Colorado Law School and the 4 that voted for disqualification were law students of the Ivy League or other prestigious law schools in the Northeast. Strange is it not. There is a cancer in that part of the country and especially in the Law Schools. There are metastasis to other parts of the country but the original malignancy seems to be there and the densest cluster of cells are there. There still seems to be some sanity in parts of that area but for the most part it is malignant. It’s been a long time coming but it warms my heart to see the influence in that part of the country diminishing. They can still do damage as in this case but once you get them out of the northeast they are easier to track down and run up a tree.
It’s also easier to excise malignancies when they are small clusters. It also gladdens me to know the financial strength of the country is now moving away from New York City-Boston corridor and being spread to Miami, Atlanta, Dallas, Houston and other areas both urban and suburban. Maybe some day that part of the country will resume being a forest preserve and the rest of the country moves on. Also remember that the small area of NH, Vermont, Mass, Rhode Island, Maine and Connecticut nearly always contributes 12 Democratic senators to the US Senate. Maybe we should revoke some statehoods there and force some consolidation. 12 senators with 15 million population. 4 states contribute 4.7 million and 8 senators. We need a rebalance.
Stop choosing justices from the Ivy League. These are not exclusive schools. They’re simply expensive. They’re nothing but wok factories.
It’s actually the right way to go about excluding someone from the party primary
I’m sorry. The primaries are 100% a function of two private corporations, the DNC and RNC. They are choosing the Prom King/Queen. While it functions in a Government eco system, the Government has no jurisdiction as to the rules of the primary. Think of a Marathon. It takes place on govt property, and govt provides services, but the govt has no role in deciding disputes concerning the marathon.
I’m old enough to remember the “smoked filled rooms” from which emerged a Candidate for President.
A bit of history
Although direct primaries were used as early as the 1840s, the primary system came into general use only in the early 20th century. The movement spread so rapidly that by 1917 all but four states had adopted the direct primary for some or all statewide nominations. For the presidential contest, however, primaries fell into disfavour and were generally used in fewer than 20 states until the 1970s
This is foundational stuff the Colorado Supreme Court tossed aside to sate their Trump Derangement Syndrome.
NYT=modern day PRAVDA…”All the news that fits, they print.”
Boy it sure seems like the dems are hell bent on getting us into a civil war.
Jim22,
Right?
They sure dont care about the rule of law.
But what are they going to fight with? TicTok videos?
I think the Constitution requires each state to consider whether candidates have met the basic qualifications of age, citizenship, and not being traitors. Having said that, there should be a means of demonstrating that he’s a traitor outside of being labeled one. Until Trump’s guilt has been established, he should be on the ballot. Our system of justice must be up to the task of reaching timely decisions on important matters as to whether or not a potential future President is working with this country or against it.
As for Turley’s comment about Gay likening supporters to Confederates, many Republicans are doing all they can to make the comparison themselves. He should look in the mirror when bringing up McCarthyism when his day job is at McCarthyism Central.
Gay’s premise is wrong. The people who wanted to separate from the union were not “betraying” the country, anymore than the New Englanders who threatened succession during the War of 1812 were traitors. The Constitution is silent on the question of succession. Whether succession was possible was resolved on the battlefield.
I am curious. It would seem to me that one of the strongest arguments that the 14th does not apply to the President is that if it did it would be an alternative method to remove a sitting President. If this was the intent wouldn’t there be a better historical record?
Thank you for the analysis, Professor Turley. I listen to the left and wonder how they define the scare terms they throw at the public? “Insurrectionists”, “Nazi”, “confederate”; all terms that if you asked them to define, they would fall back on a TV show or movie as the context. Their lack of data and context lies at the base of their irrational behavior.
Remember Germans VOTED for Fascism in 1930’s, Italians Voted for Fascism in 1930’s, America NOW vote for Fascism!
Republicans COULD fight this by CUTTING 50% Federal Spending, end all Federal aid to states, cities and colleges….but alas THEY ARE RINOs
The Italians didn’t vote for Fascism in the 1930s. It was the 20s. Mussolini was well-entrenched by the time Hitler was appointed chancellor on January 30, 1933. But your point is well taken. In both instances, the populace voted for the parties that soon led to their countries’ undoing, albeit it took a war and a Holocaust to get to that point. We are living in very dangerous times and the danger is not from Orange-man-bad (although I can’t stand him), but from the Marxist media, politicians, and their bankers.
President Trump has been explaining this for how long? 7 years? Everyone thinks the government is trying to take down President Trump. But no. The Govt is after all the citizens that seek a constitutional, rule of law, form of Government. President Trump is just the totum, the left has focused on. But even after the kill Trump, the left will keep comming after the law seeking, law abiding citizens
🎯
Iowan2,
Well said.
They have already declared the need for re-education camps, suggested taking children away from their parents for being Trump voters.
When someone says or does something that they are fascists, believe them.
Why are you standing with confederates who betrayed this country?
Why does Professor Turley care what Marxist apparatchiks think?
Ms. Gay is neither a journalist nor a (small d) democrat.
Another label to embrace (signed, an Incorrigible Trump Confederate)
NYT=American Communist Party media outlet-manipulators & political hacks.
I have to wonder, and it’s too early in the morning and I’m too lazy to research: what business is it of the Colorado government what candidates the Republican party wants to put on its primary ticket? It seems to me that the Democratic party runs who they want, and decides behind closed doors who they want the candidate to be. How does the Colorado supreme court claim veto power over a purely party matter?
It’s actually the right way to go about excluding someone from the party primary, but they failed miserably with their specious argument.