Frank's Musings

Donald Trump’s (or his manipulators’) claim that the official, if not all, acts of the President of the U.S. are exempt from compliance with the Constitution, and by extension with the rule of law, is belied by his participation as a respondent to the legal accusations being brought against him in state and federal courts, including the Supreme Court.  He has postulated at his rallies, to anti-establishment public affairs media, and in his social media posts that he embodies the will of the truly rightful arbiters of society’s order.  Not the elite, not the law-writers, not those who have used their ingenuity to legitimize their methods of enterprise; Trump makes his appeal to the self-identified majority of the public who profess they have barely managed to survive within the confines of the social structure erected by gifted and legacy-endowed members of society to defend their superior lifestyle. 

From time to time, a populist demagogue like Trump can tap the resentment that simmers within a significant portion of the public and harness it to take advantage of the hubristic belief of the elite in the virtue of democratic rule, to destroy its good order, and to ensconce himself as the deliverer of libertarian freedom.  Submission by that demagogue to the rule of law, particularly to interpretation of it by a Supreme Court dominated by justices sympathetic to his view, is wildly presumptuous. 

It is reasonable to expect that the Supreme Court will choose not to interfere with the determinations of Colorado and other states on the eligibility of candidates for federal office to participate in primary elections under the U.S. Constitution’s 14^th Amendment.  Unfortunately, this will defer the finding of Trump’s eligibility to run for president until at least close to the Republican convention, if not until after the national election.  The only way to avoid another election result challenge during the period before the inauguration will be a victory by the Democratic candidate; and even in that case, there will be a risk of a violent refusal by the would-be dictator’s supporters to accept his defeat at the polls.  The earlier this eventuality is considered by the Supreme Court will determine the ultimate settlement of the case and the definition of America democracy.