On Monday March 4th, the Supreme Court reversed Colorado’s decision to remove President Trump from the ballot. The Court unanimously held that individual states cannot bar insurrectionists from holding federal office under Section 3 of the Fourteenth Amendment. Five Justices went further, ruling that Congress alone may enforce Section 3. In this episode, constitutional scholars Mark Graber of the University of Maryland Law School and Michael McConnell of Stanford Law School join Jeffrey Rosen to discuss the Court’s 9-0 decision to avoid a chaotic “patchwork” of state-level ballot eligibility decisions and the 5-4 majority’s view that Section 3 requires Congress to act before an insurrectionist may be disqualified from office.
Resources:
Questions or comments about the show? Email us at podcast@constitutioncenter.org.
Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
You can find transcripts for each episode on the podcast pages in our Media Library.
Presidents, Prosecutions, and the Rule of Law
Artificial Intelligence, Defamation, and New Speech Frontiers
New Amendments and the Future of Constitutional Reform
The Shadow Docket Debate
Sal Khan on Civics, AI, and the Constitution
The Future of Affirmative Action
Joan Biskupic on "Nine Black Robes"
What are “True Threats” Under the First Amendment?
Should We Break Up With the Founders?
The Legality of Abortion Pills
The Indictment of Former President Trump
Israel’s Constitutional Crisis
Can Courts End Partisan Gerrymandering?
Domestic Violence Laws and Gun Rights
Women’s Rights in Early America
Presidential Power, Standing, and Student Loan Forgiveness
Google, Twitter, Section 230 and the Future of the Internet
The Slaughterhouse Cases at 150
Richard Stengel on Mandela: The Lost Tapes
The Public Debt Clause and the Debt Ceiling
Create your
podcast in
minutes
It is Free
Tiny Desk Concerts - Video
60 Minutes
Left, Right & Center
The Axe Files with David Axelrod
Kickass News