The Sweep and Force of Section Three 172 U. PA. L. REV. (forthcoming 2024) William Baude & Michael Stokes Paulsen
Abstract: Section Three of the Fourteenth Amendment forbids holding office by for- mer office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal conse- quences 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First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation.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, super- sedes, 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 participa- tion 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 over- throw of the 2020 presidential election.
That yearning for “honest discussion” seems to have been short-lived in Daddy’s flock.
The Sweep and Force of Section Three 172 U. PA. L. REV. (forthcoming 2024) William Baude & Michael Stokes Paulsen
Abstract: Section Three of the Fourteenth Amendment forbids holding office by for- mer office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal conse- quences 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First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation.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, super- sedes, 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 participa- tion 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 over- throw of the 2020 presidential election.
That yearning for “honest discussion” seems to have been short-lived in Daddy’s flock.
Telling a group to protest peacefully and patrioticly isn't an insurrection, Turbo.
The Sweep and Force of Section Three 172 U. PA. L. REV. (forthcoming 2024) William Baude & Michael Stokes Paulsen
Abstract: Section Three of the Fourteenth Amendment forbids holding office by for- mer office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal conse- quences 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, super- sedes, 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 participa- tion 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 over- throw of the 2020 presidential election.
That yearning for “honest discussion” seems to have been short-lived in Daddy’s flock.
Telling a group to protest peacefully and patrioticly isn't an insurrection, Turbo.
The Sweep and Force of Section Three 172 U. PA. L. REV. (forthcoming 2024) William Baude & Michael Stokes Paulsen
Abstract: Section Three of the Fourteenth Amendment forbids holding office by for- mer office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal conse- quences 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, super- sedes, 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 participa- tion 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 over- throw of the 2020 presidential election.
That yearning for “honest discussion” seems to have been short-lived in Daddy’s flock.
Telling a group to protest peacefully and patrioticly isn't an insurrection, Turbo.
Good luck with that theory of the case.
CamelToe actually funded legal support for actual insurrectionists of BLM/antifa who clearly were rioting against constitutional order. And yet she remains as the dazzler's vice-president. Go figure.
The Sweep and Force of Section Three 172 U. PA. L. REV. (forthcoming 2024) William Baude & Michael Stokes Paulsen
Abstract: Section Three of the Fourteenth Amendment forbids holding office by for- mer office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal conse- quences 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, super- sedes, 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 participa- tion 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 over- throw of the 2020 presidential election.
That yearning for “honest discussion” seems to have been short-lived in Daddy’s flock.
Telling a group to protest peacefully and patrioticly isn't an insurrection, Turbo.
Good luck with that theory of the case.
CamelToe actually funded legal support for actual insurrectionists of BLM/antifa who clearly were rioting against constitutional order. And yet she remains as the dazzler's vice-president. Go figure.
Great theory.
Back it up.
But you won’t.
It was really nothing more than your reflexive “whataboutism”, as anyone who’s ever read your stuff knows.
Comments
When you’ve lost the Federalist Society, Phyllis, . . .
Now, about the 14th Amendment . . . ?
That's what I thought.
finally
Sorry, Race.
Condolences, of course.
172 U. PA. L. REV. (forthcoming 2024) William Baude & Michael Stokes Paulsen
Abstract: Section Three of the Fourteenth Amendment forbids holding office by for- mer office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal conse- quences 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, super- sedes, 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 participa- tion 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 over- throw of the 2020 presidential election.
That yearning for “honest discussion” seems to have been short-lived in Daddy’s flock.
Back it up.
But you won’t.
It was really nothing more than your reflexive “whataboutism”, as anyone who’s ever read your stuff knows.