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Lawfare Archive: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment

The Lawfare Podcast

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Congress's Definition of 'Insurrection' and 'Rebellion' in Section Three of the 14th Amendment

Exploring the debate on whether the courts would defer to Congress's definition of 'insurrection' and 'rebellion' or rely on their own interpretation, and the implications of the Court striking down a law due to Congress defining a term more broadly.

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