The Walt Blackman Show
Dissecting the 14th Amendment's Insurrection Clause: A Journey Through Constitutional Nuances and Our Democratic Responsibilities
Ready to unravel the legal complexities hidden in a lesser-known part of our Constitution? Buckle in, as we dissect the 14th Amendment's Insurrection Clause, an intriguing provision crafted to deter rebellion and insurrection against the United States. This episode peels back the layers of this clause and muses over its potential implications on past presidents as well as those hoping to occupy the highest office in the future. We delve into the head-spinning maze of legal scrutiny that this clause induces, be it from citizen-led legal actions, advocacy groups, or state-level ballot exclusions. Amidst this constitutional exploration, we highlight the need for a Supreme Court verdict to clear the fog and the crucial role Congress plays in this equation.
As we navigate through the nuances of the 14th Amendment, we also pause to reflect on the evolution of our democracy and our responsibilities as its guardians. This episode urges listeners to become more informed citizens and to hold elected representatives accountable. It emphasizes the importance of media literacy and encourages listeners to raise their voices against misinformation. Join us as we journey through uncharted constitutional territories and participate in a crucial conversation about ensuring the health and longevity of our democracy.
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Ready to unravel the legal complexities hidden in a lesser-known part of our Constitution? Buckle in, as we dissect the 14th Amendment's Insurrection Clause, an intriguing provision crafted to deter rebellion and insurrection against the United States. This episode peels back the layers of this clause and muses over its potential implications on past presidents as well as those hoping to occupy the highest office in the future. We delve into the head-spinning maze of legal scrutiny that this clause induces, be it from citizen-led legal actions, advocacy groups, or state-level ballot exclusions. Amidst this constitutional exploration, we highlight the need for a Supreme Court verdict to clear the fog and the crucial role Congress plays in this equation.
As we navigate through the nuances of the 14th Amendment, we also pause to reflect on the evolution of our democracy and our responsibilities as its guardians. This episode urges listeners to become more informed citizens and to hold elected representatives accountable. It emphasizes the importance of media literacy and encourages listeners to raise their voices against misinformation. Join us as we journey through uncharted constitutional territories and participate in a crucial conversation about ensuring the health and longevity of our democracy.
Start for FREE
Disclaimer: This post contains affiliate links. If you make a purchase, I may receive a commission at no extra cost to you.
Threppin, you're listening to the Walt Blackman Show, the show that brings you hardcore conservative straight talk. Welcome to the no PC Zone.
Speaker 2:If you're ready for the unfiltered truth, buckle up, because we're kicking it off now on the Walt Blackman Show. Hello everyone, this is Walt Blackman, and today we are diving into a subject that goes across party lines. It doesn't matter if you're a Democrat, you're a Republican, you're an Independent, you're a Libertarian, it does not matter. This subject gets to the heart of American governance and before we venture forward, I want to make something clear. I want to set the stage. Today's episode is not a referendum on the former President, donald Trump. It doesn't matter if you are for or against January 6th, your opinions on it, it does not matter. This is not what this conversation is about. Instead, I am going to be focused on a pivotal yet lesser discussed part of the Constitution, which is the 14th Amendment's Insurrection Clause. That's what we're going to be focusing on. That is the backdrop of this conversation that we are having, because we are talking about the Constitution in a series of podcasts, and what better amendment to talk about while we are discussing the Constitution and learning about the Constitution than the 14th Amendment and its Insurrection Clause? Now, if you are not familiar with the 14th Amendment, it came into being in 1868. Now it is a post-Civil War measure that was aimed at addressing the issue related to the newly freed slaves and rebuilding the Union Reconstruction. To be more precise, but embedded in this amendment, particularly in Section 3, it is what is known as the Insurrection Clause. The Insurrection Clause is designed to bar individuals from holding public office if they engage in rebellion or insurrection against the United States. The wording is very detailed in this and it dictates that such disqualification can only be lifted by two-thirds of a congressional vote. I want to make that very clear once again. According to the Constitution, such disqualifications can only be lifted by two-thirds of a congressional vote. That same thing about the 10th Amendment. It gives clear instructions on that. So we need to be mindful of that and please be mindful of that as somebody with you, with something other than what the 14th Amendment says, what the clause says. Everybody, as we continue to dive in, we need to take a break. We will be right back after this message from our sponsors Stay informed and make informed decisions. That is to 960-7553. That's WB Consulting Services LLC. Okay, everybody, we are back, so we can go ahead and kick off again right where we left off.
Speaker 2:We've seen presidents embolden and controversy, such as President Nixon's Watergate debacle, if you're old enough to remember, clinton's impeachment and his affair with his former staffer, monica Lewinsky, and that's just to name a few. Yet the implications of the 14th Amendment insurrection clause on a president is going into uncharted waters, and I tell you that because it raises questions about the potential legal complexities and the repercussions for future presidential hopeful. As you know, we are going into a presidential election, 2024, this, if applied to the former president, if he is found guilty of this clause, can actually be negative for future presidential hopeful. Now, in my opinion, there are dual avenues for legal scrutiny on this day Now, currently, currently, there are two likely scenarios where an insurrection clause could come into play regarding the former president. The first avenue, and my humble opinion, is through legal actions initiated by politicians, citizens or advocacy groups, according to my reading of this and understanding. The second involves state-level decisions to exclude President Trump from ballots, triggering legal confrontations. Now, if you are tracking, in Arizona, the Secretary of State, adrian Fontez, actually followed the law and followed the Constitution because there were groups that wanted to keep President Trump off of the ballot. However, the Secretary of State followed the Constitution, due process under the law innocent until proven guilty until there is a guilty verdict In any of this, the president is allowed and has the authorization, based on his citizenship, to be on the ballot Now. Would that trigger legal confrontations? It would, and in both pathways it's going to lead to a judicial decision from the Supreme Court not to make a law.
Speaker 2:However, to get the interpretation of the seldom invoked constitutional provision because the American people are going to need clarification on this, there's no doubt about it because if they don't receive clarification on this from the Supreme Court again, supreme Court not making a law, but bringing clarification to the 14th Amendment in this clause it's going to be pretty tough to navigate. Now, before the Supreme Court can come to such ruling, there are going to be a couple of things that need to happen. We talked about that in section one of the Constitution, that is, that the Congress makes the law. The Congress makes the law. The Supreme Court's responsibility is interpreting this constitutional provision. They don't make the law. They are not going to make new law on the 14th Amendment, section three. That can only be done by the Congress. So in either case, if we get a decision from the Congress that reflects anything outside of section one of the Constitution, if they are making a law about that. That is unconstitutional. So what does that mean? The Congress has to step up. Everyone.
Speaker 2:Ndc is going to be touched by this because, particularly if it happens, because there are certain things that need to happen. That's why I said there's some complexity involved in this pivotal, pivotal piece of legislation the 14th Amendment and we need to understand and sure that provisions are aligned with the Constitution. Now there will be some points of contention and there's going to be a need for future directions, and I said now the subject in itself is polarizing. Now there is conversation from members that are justices in the Supreme Court across the spectrum, on either side, on both of the aisle, through conversation coffee shop about that. That's why we need to be clear and have legal clarity about this and it is pressing that this actually be addressed Now. A Supreme Court rule could provide the clarity that I am talking about, as could congressional actions and an update to the 14th Amendment's language. Again, the Supreme Court can't do the updating to the 14th Amendment's language. Who can do that? Congress? It's a congressional action. Now, beyond that, a renewed national commitment to the democratic norms is crucial. We understand that. We all know that. However, potentially this involving voter reform, cross-party initiatives, so on and so forth, to not to say the least of security, election integrity. Those are some of the major things that need to unwrap this potential bombshell.
Speaker 2:The 14th Amendment has not been pulled off the shelf for 150 years, not since the Civil War and those who were part of the rebellion or the insurrection that caused the divide of the country. This law, matter of fact, did not apply to them because it was post facto. This law applies going forward, because undoubtedly somebody is going to say well, what about the Confederate States of America? And they separated from the Union? That is why they did this. That is why the Congress implemented this section in the 14th Amendment to prevent this from happening again, to prevent such atrocious acts of somebody committing an insurrection against the Constitution, against the American citizens, against our country.
Speaker 2:Again, this is not about whether or not you believe Donald Trump is guilty or innocent. This is strictly about the Constitution, the 14th Amendment, the language in section three of the 14th Amendment. We cannot, when we are looking at the 14th Amendment and in regards all of the pieces in the Constitution, we cannot make our own interpretation of it. We have to read what it says and apply that law to the circumstance and leave it up to the courts to interpret the law in this, to make sure those laws that are passed through congressional actions are upheld via signed by the president, so on and so forth. You know that the problem that I see with this right here is that we are going to have Monday morning quarterbacks to come on some of these pundit talk shows. They're going to run around your state raising money, telling you falsehoods that the president could can be dismissed of this if, in fact, he's charged with insurrection, when the only the only body that can disqualify this this law, if this happens to him, is the Congress, not the states, not the 10th Amendment, congress.
Speaker 2:Well, everybody, as we continue to dive in, we need to take a break. We will be right back after this message from our sponsors. If you want to listen to some of my older podcasts, all you need to do is jump over to Apple Podcasts, spotify, google Podcasts, podcasts Index, amazon and my favorite, i-heart Radio. Or if you're at home you want to listen to some of my older podcasts, all you need to do is go to wwwbuzzsproutcom, click on the Wall Blackman Show and go to episodes. That's wwwbuzzsproutcom, click on the Wall Blackman Show and all you need to do is click on your favorite podcast. Everybody thanks and I look forward to having the conversation with you.
Speaker 2:The former president could be barred from office to be held because of the 14th Amendment. This is not what this is about. This isn't about President Trump. This is about how our foundational laws can be evolved and meet current challenges while upholding America's core principle. Now I want to make something clear. I did not say that the Constitution evolves and is a living, breathing document. I didn't say that, and I also said the real issue isn't solely whether or not President Trump could be barred from holding any future offices if he is charged and sentenced under this. It is about how our foundational laws can evolve and meet the current challenges that we are living in now, the current day, while upholding America's core principles, and the core principle that we're talking about is the Constitution of the United. That is where we are at right now. Now, before I say goodbye in this podcast, I want to make Now. If you haven't listened to anything else that I've talked about, please listen to this.
Speaker 2:It is worth noting that democratic dialogue is a shared responsibility. It is not dictator sport. You cannot sit by lines in the peanut gallery Monday morning quarterbacking these types of issues. You have to get involved, you have to become informed. We have to all be informed citizen. What does that mean? That means you need to educate yourself on the 14th amendment, particularly this, because of what's happening right now, what the discussion points are. You need to make sure that you have a wide variety of sources and be open to contrary opinions, and a lot of time we see people not willing to budge, not willing to listen to other opinions on both sides of the aisle.
Speaker 2:Now I will tell you, ladies and gentlemen, this is a cognitive workout, and a cognitive workout makes our democracy robust. You cannot sit by and sit on the sidelines and make comments about the constitution, let alone this 14th amendment, section three, this clause. And if you don't know, if you have not done your cognitive exercise, and how do you do that? Well, first of all, you are informed and your ballot is your voice. Now a lot of people will say well, it doesn't matter, because the elections are stolen and they are corrupt. Yes, ladies and gentlemen, our elections are broken. They need to be fixed with reformed, up to date voting law, voting security, election security. This isn't the first time that elections have been corrupt. All you have to do is read, open a book and look at history. However, engaging in voting and motivating others as well is a step in the right direction. As I said, passive spectatorship is not the key to a vibrant democracy. The key to a vibrant democracy is being informed and staying up to date, exercising your brain matter of which you read and correctly applying those situations that you run into.
Speaker 2:If it is constitutional disgust or constitutionally based that you can talk smartly on the issues. Now here's something else you can do Reach out to your elected officials. Sometimes they respond and sometimes they don't. However, if you have strong opinion and a strong sentiment about constitutional issues like the 14th Amendment, the insurrection let your elected representative hear you. Make sure that you voice your concerns about this, if you're for or against. Now, first of all, if your elected official cannot respond to this, you get them on the phone and they can't talk to you about the 14th Amendment, section three, the insurrection clause, that they can't talk to you about. You might want to again know that your ballot is your voice and if they can't do the job, they probably need to go. We also need to take a look.
Speaker 2:Media literacy Now. What do I mean by media literacy? We are in an age swamped by misinformation. Now, I've heard the term fake news. I've heard that, okay, it's all over, it's on the right and it's on the left. We do have misinformation being broadcast to the US, the American citizen, every day, 24 seven.
Speaker 2:However, the key is being able to discern fact from fiction. It's not just smart, ladies and gentlemen, to be able to do that. It is your civic responsibility. Some of these things that I hear from people when I am out, speaking like President Trump is still the president, like President Trump is still the commander in chief and running the military, that's misinformation. That is misinformation. And those who are spreading that one or two things are happening in their brain. They are either uninformed or they believe this information that they are getting and I don't know where they're getting it. But that is dangerous when we have American who seriously speak that narrative that I just mentioned.
Speaker 2:It is your civic responsibility to be able to discern fact from fiction, whether you like the outcome or not. Whether you like the outcome, accountability is important and we need to stay vigilant in this whole scenario. We need to keep tabs on matters that hold our elected officials accountable. What does that mean? Holding them accountable? They at best understand and know the Constitution, particularly if they are at the federal level. And don't think that your state representative should not know and understand the United States Constitution, because they have to be able to discern where the state steps in and the federal government has overlapped their authority. If they can do that, they are wasting your time and they are spending taxpayer dollars irresponsibly, not through the budgets, but being paid to do that job.
Speaker 2:We need to make sure that we are informed and engaged, because if we are not engaged in this process, if we are not consistently testing the limits of the Constitution by applying it in a civic way that's responsible, then guess what? We will have another civil. We will have a breakup of this year, and it will not be because people just wanted that. It is going to be because people are ignorant and they do not understand constitutional issues like this, where there could be another insurrection. Because people don't understand where there could be a possible insurrection, because people don't understand the Constitution, because people don't understand what's out there. And just like I mentioned when I had people tell me with a serious face, that President Trump, the former President Trump, is still the president. This is the country that we live in. This is where we are at.
Speaker 2:Finally, ladies and gentlemen, our democratic processes are a living, evolving entity. Now, again, I want to make something very clear to you. I did not say the Constitution is a living, evolving entity. I said our democratic process are. What we discussed today shapes tomorrow's norms and laws. We have to understand that. We have to be smart about. We need adults to show up to the table, adults that are thinking, that understand, that have reasoning and have applied these simple principles in the Constitution to the discussions that we are having every day.
Speaker 2:And if a person says something about the Constitution that you know after you've been studying this, that is wrong. It is your civic responsibility to correct them, because what they will do is go on to somewhere else and spread misinformation based on their personal agenda. Now, if you found this episode to be enlightening, remember to subscribe to the Walt Blackman show and please share it with your network, your friends, your family, to get them involved, to get them enlightening and engage in this process. So, until next time, stay informed, stay engaged. Well, ladies and gentlemen, thank you for tuning in and to another Electifying episode of the Walt Blackman show. We dove deep today and I hope you're walking away as pumped as I am. If you loved what you heard, just hit that subscribe button and share it with the circle of friends that you have. Let's keep this conversation going. So until next time, be fearless, be informed and be extra extraordinary. This is Walt Blackman signing off.
Speaker 1:Strap in. You're listening to the Walt Blackman show, the show that brings you hardcore conservative straight talk. Welcome to the no PC Zone.
