unfortunately for your argument , the 14th amendment says nothing about being "charged with insurrection." What it says, in plain everyday English, is that anyone who has taken an oath to uphold the Constitution and subsequently "engaged in insurrection" against [the Constitution of the United States] is disqualified from holding Public office unless the Congress by two-thirds vote allows the disqualified candidate to run. In other words the insurrectionist candidate is automatically disqualified unless the Congress acts specifically to remove the disability.
It's pretty clear!
There is hardly any part of our U.S. Constitution that is more clear than section 3 of the 14th Amendment. The obvious purpose of the Amendment is to safeguard the Republic against a tyrant who, given the opportunity, would seize power unto themselves and take over the government.No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The Court has put the States in a difficult position. They must either obey the Court or obey the Constitution. In an ideal world, the States might ignore the Court's decision, which has the appearance of being motivated by ideology and emotion, and instead obey the Highest Law of the Land.
We can't in one hand claim the constitution is an ever evolving document (2nd, 14th, 19th, etc...) and not realize that there's imperfect provisions in it. When that section was penned, conviction could've been implied despite the clear reading of the text. The absolute bullshit was the 2nd opinion by the conservative majority, that insurrection can only be ruled on by congress (see my post 207)....that was a clear political decision.
In the fwiw department, an economist friend of mine suggested two things this morning:
1) that some of the former Soviet satellite states may be so distraught at the prospect of Donald Trump becoming President again that they might plot to assassinate him;
2) that the Court may have been influenced by a concerned that a decision unfavorable to Trump might endanger their lives.
On 1, Trump did hold Ukraine hostage over defensive aid....but no I very much doubt it comes to that.
on 2, there's certainly stochastic terrorism and we've got congress people on record saying they voted w/Trump over fear for their/family's safety but I don't disagree w/the lib siding unanimously due to supremacy clause. The 2nd majority decision was straight up bull though.