Lawfare Archive: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment
The Lawfare Podcast
Determining Eligibility Under Section 3 of the 14th Amendment
This chapter discusses the issue of determining eligibility under section three of the 14th Amendment and debates whether the courts or Congress should have the authority to enforce the eligibility restrictions outlined in the amendment. It explores Chief Justice Chase's opinion, the potential role of state courts and authorities, and the implications for future actions and challenges to political candidates under Section 3.
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