Letters to the Editor

Congress most appropriate forum for state ballots

I agree with "Chaotic for states to decide who is on ballot" (letter, 02/16) that Section 3 of the 14th Amendment to the U. S. Constitution must be decided federally, at least ultimately. After all, it is a federal mandate.

In addition, Section 5 of the 14th Amendment states, "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article [the 14th Amendment]."

Whether Section 3 applies to the President depends on whether the presidency is an "office, civil or military, under the United States...."

Other issues needing definition are what constitutes an insurrection or "a rebellion against" the U. S. or to have "given aid or comfort to the enemies thereof" and what does it take to have "engaged in insurrection or rebellion."

For example, can insurrectionists be enemies of the U. S.? In addition, does one have to be present at an insurrection or rebellion to have "engaged in" it?

Once these legal issues are defined, then the courts, and ultimately the U. S. Supreme Court, can apply the facts.

Theoretically, the courts can define these issues, but the most appropriate forum is probably Congress.

James Joseph Clarkson

Wailuku