Is President Trump Disqualified from Office Under the 14th Amendment?

Two constitutional law scholars—Will Baude and Michael Stokes Paulsen—recently published an in-depth article arguing that President Donald Trump is disqualified for running for reelection under Section 3 of the 14th Amendment. In this episode, law professors Mark Graber and Michael McConnell join host Jeffrey Rosen to discuss what Section 3 means and how it applies to disqualification from office; whether President Trump's actions qualify as engaging in insurrection; whether or not Section 3 is self-executing and who can enforce it, and more.  

Resources: 

• William Baude & Michael Stokes Paulsen, “The Sweep and Force of Section Three” (Aug. 2023) 
• Mark Graber, “Their Fourteenth Amendment, Section 3 and Ours,” Just Security (Feb 2021)  
• Mark Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War (2023) 
• Michael McConnell, Responding About the Fourteenth Amendment, “Insurrection,” and Trump, Volokh Conspiracy (Aug. 2023) 

 

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