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First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation.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.
Where's the evidence Trump did any of those things? Post it up consuelo.
“What January 6 hearings?”potd.
Odd no charges. J6 hearings were a total sham. Remember Buffalo boy. Super violent killer stalking the halls of congress. Until the video came out and he was miraculously released a couple days later since everything J6 said was a lie. Charges against Trump? Been a while. no indictment for J 6? Strange isn't it?
I get it. It’s been a rough couple weeks for you with these J6 folks getting 15-20 year sentences.
Looks like the “find out” phase is complete for them.
Selective prosecution. it's how you faggy little commies like to do things.
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Still waiting.