Lawfare Archive: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment
The Lawfare Podcast
Origins and Application of Section 3 of the 14th Amendment
This chapter explores the historical context and original intent of Section 3 of the 14th Amendment, which prevents former Confederates from holding office unless granted amnesty. It discusses the effectiveness of this section in keeping high Confederate officers out of political life and delves into the failure of Reconstruction and the rise of the Jim Crow era. Furthermore, it analyzes the use of Section 3 to potentially bar President Trump from running for office again and its broader scope in affecting other participants in the January 6th insurrection.
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