John M. Fitzgerald is a former legislative aide to a member of the U.S. House of Representatives and counsel to the Subcommittee on Human Resources of the Post Office and Civil Service Committee. He has also served as general counsel, policy director and a member of the board of several public interest and science organizations. He lives in Sedgwick.

ICE agents have killed two innocent civilians in Minnesota. They have detained hundreds of legally present Maine residents. They have received “authorization” from President Trump’s administration to break into homes without a search or arrest warrant.

Meanwhile, Trump is sending an armada from the Caribbean to Iran. Office holders of both parties are calling on Congress to control President Trump. Congress should add specific restrictions to control ICE and other abuses of power, but more thorough options are available and necessary.

Section 3 of the 14th Amendment provides that all persons who have taken an oath to defend the Constitution but then participate in an insurrection against the Constitution or lend aid and comfort to the enemies of it are disqualified from holding any state or federal office. Only a vote by two-thirds of each house of Congress may remove such disqualification. Reelection does not.

Maine’s own Secretary of State Shenna Bellows found that Trump is an insurrectionist who conspired and acted to block the constitutional transfer of power and is therefore disqualified by Section 3 from holding any office. Colorado and Illinois authorities made the same finding.

When Trump’s appeal of the Colorado case reached the U.S. Supreme Court, the court ruled in Trump v. Anderson that “responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress and not the states.” Not one of the justices in Trump v. Anderson disputed the rulings of Maine, Colorado and Illinois that Trump is an insurrectionist and that he is disqualified from office.

Section 2 of the 14th Amendment is designed to ensure that all persons qualified to vote can do so. It requires that any state that “abridges access to the ballot in any way” should have the number of its seats in Congress reduced in proportion to the segment of their voting age population whose access to the ballot is abridged.

Hancock County Democratic Committee leaders wrote to Gov. Janet Mills, Attorney General Aaron Frey and Secretary Bellows in October 2025 asking them to sue to enforce sections 2 and 3 of the 14th Amendment, but there has been no answer.

If Gov. Mills or another plaintiff with standing, such as another member of Congress, sue,
they should prevail on Section 3. The facts are clear. On Jan. 6, 2021, insurrectionists, seven
senators, 135 representatives and President Trump attempted to block the counting of electoral votes from Pennsylvania and Arizona in order to “reelect” Trump when he had lost the election.

The conclusion of the Select Committee on Jan. 6 was affirmed again in the deposition of Special Counsel Jack Smith showing evidence “beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power.”

JD Vance had no electoral votes of his own. Those cast for the Trump/Vance ticket were cast in violation of Section 3, so Vance is not entitled to be vice president.

Therefore, 1) Our elected leaders and representatives should sue in U.S. District Court to enforce sections 2 and 3 of the 14th Amendment; and 2) Sen. Susan Collins, chair of the Appropriations Committee, should add to the appropriations bills a provision noting that Trump is disqualified from holding any office and directing the Joint Chiefs of Staff and the General Services Administration to remove the personal property of Trump and Vance and accommodate the Harris/Walz transition that the 12th Amendment provides when electoral votes cast for one ticket are disqualified.

Gov. Mills and other officials should also sue to enforce Section 2 of the 14th Amendment. Many states have adopted measures abridging access to the ballot for segments of their population likely to cast Democratic votes. Those violations helped secure GOP seats and control of both houses of Congress. That reduces the number and relative power of delegations from states like Maine that play by the rules.

To fulfill her duties as governor, and restore a functional federal government, Janet Mills should again say to Trump, “See you in court!” — this time to enforce sections 2 and 3. Sen. Collins must stand up for the Constitution now just as Republican senators from Maine have always done until now.