Justice Brett Kavanaugh asked whether the high court should think about democracy when interpreting Section 3, specifically the right of the people to elect candidates of their choice.

Murray, in a lengthy answer, gave an impassioned argument that this case is at the heart of protecting democracy.

“Constitutional safeguards are for the purpose of safeguarding our democracy, not just for the next election cycle but for generations to come,” he said. “And second, Section 3 is designed to protect our democracy in that very way. The framers of Section 3 knew from painful experience that those who had violently broken their oaths to the Constitution couldn’t be trusted to hold power again again because they could dismantle our Constitution democracy from within.”

“President Trump can go ask Congress to give him amnesty by a two-thirds vote but, unless he does that, our Constitution protects us from insurrectionists,” he continued.

“This case illustrates the danger of refusing to apply Section 3 as written because the reason we’re here is that President Trump tried to disenfranchise 80 million Americans who voted against him and the Constitution doesn’t require that he be given another chance.”



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