This is an interesting development, Mr.trump’s future prospects took a vicious hit from his own team, that is a couple law professors involved with the Federalist Society.
Prof William Maude and Prof Michael Paulson
The Sweep and Force of Section Three
University of Pennsylvania Law Review, Vol. 172, 2024
126 Pages Posted:
William Baude
University of Chicago - Law School
Michael Stokes Paulsen
University of St. Thomas School of Law
Date Written: August 9, 2023
Abstract
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This article corrects those mistakes by setting forth the full sweep and force of Section Three.
First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. >
Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications.
Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment.
Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. >
And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.
Keywords: Constitution, Fourteenth Amendment, Section Three, Insurrection, Rebellion
Suggested Citation:
Baude, William and Paulsen, Michael Stokes, The Sweep and Force of Section Three (August 9, 2023). University of Pennsylvania Law Review, Vol. 172, 2024, Available at SSRN: https://ssrn.com/abstract=
WIKI: William Patrick Baude (born c. 1982) is an American legal scholar. He currently serves as a professor of law at the University of Chicago Law School and is the director of its Constitutional Law Institute.[1] He is a scholar of constitutional law and originalism.[2]
https://fedsoc.org/search?term=William+Patrick+Baude
(couldn’t find a Wiki bio)
Attorney Michael Popok gets so excited he forgot their usual obnoxious mid-show-commercial. (I do Popok with a grain of salt, but dang if he doesn’t do a good job of explaining the law. With over 30 years of lawyering, guess he’s seen a thing or two. )
After reading through Michael Paulsen’s Law & Liberty summery of articles, I get the feeling this won’t make as big a splash as Popok predicts, but who knows. Still, I figure why not start a thread on it over here, perhaps, hopefully, I’ll be able to report back that is has gather some traction, with interesting cascading consequences of these guys standing up so forcefully. We shall see.
Aug 12, 2023
Michael Popok of Legal AF reports on a new case made by 2 leading right wing Federalist Society law professors that Trump participated in a Rebellion and Insurrection against the US and right now is disqualified under the 14th Amendment from ever holding office again, a position that will no doubt end up being cited by courts and judges up to the Supreme Court going forward as the DOJ and others seek to have Trump ruled disqualified.
