As the Colorado Supreme Court wrote, January 6 meets the bar for insurrection āunder any viable definitionā of the term. The legal scholar Mark Graber, who has closely studied the Fourteenth Amendmentās history, argues that āinsurrectionā should be understood broadlyāan act of organized resistance to government authority motivated by a āpublic purpose.ā That certainly describes the Capitol riot, in which a violent mob attacked law enforcement and threatened members of Congress and the vice president in order to block the rightful counting of the electoral vote and illegally secure the victory of the losing candidate. The historical record also suggests that the amendmentās requirement that a prospective officeholder must have āengaged in insurrectionā should also be understood broadlyāmeaning that Trumpās speech on the Ellipse that morning and his encouragement of the rioters while they smashed their way through the Capitol more than fit the bill.
iām not convinced by this either. at the center of current american politics, there are fundamental disagreements about what āthe truthā is, and how to know what āis trueā. this is whatās behind trumps āfake newsā and his revisionist history. itās not the case that the public is unanimously interested in knowing whatās true, or that they believe the atlantic will tell them the truth.
again, this article is dancing around the core problems in current american politics. i donāt think these problems can be solved by simply presenting new information or trying to debate the other side.
there is still value in spreading this information, but it should come with an acknowledgement of the deeper underlying problems.
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