By now Trump should have been constitutionally banned from any government office. [View all]

[Kablooie]

The 14th amendment says that after taking an oath, no one shall hold any US or state office if they "have engaged in insurrection or rebellion against the US, or given aid or comfort to the enemies thereof."

It is obvious that Trump did all of these things but there doesn't seem to be any way to apply the 14th.

Who judges whether he did these things?
The Congress? The president? SCOTUS? The Constitution doesn't say.

Sure Congress is investigating but it moves so slowly and it's power is limited so it's unlikely that we will get any decisions before the next election. Even if they reached a conclusion it would be contested by Republicans and the above problem of who decides would be argued interminably.
It would probably fall to SCOTUS ultimately and the Trump court would certainly declare him not guilty.

No there doesn't seem any way to apply the 14th to a president.
(Unless both houses were Republican and the president was a Democrat. He would probably be banned within a few months, evidence be damned.)

We have some real weaknesses in our governmental systems and Trump has been able to exploit all of them. As a result the future of our democracy and probably the country itself is balancing on the point of a pin.

If we survive 2024 and are not forced to live under a Trump dictatorship I hope someone will find ways to plug these gaping loopholes in our system. Our checks and balances are not checking and balancing as they were supposed to do.