Last month, the Colorado Supreme Court and the Maine Secretary of State determined that President Trump “engaged in an insurrection” after taking an oath to uphold the Constitution and that he is therefore disqualified from serving as president under Section 3 of the 14th Amendment. In this episode, professors Josh Blackman of the South Texas College of Law Houston and Gerard Magliocca of the Indiana University Robert H. McKinney School of Law dive into the meaning and purpose of Section 3 of the 14th Amendment and the arguments for and against Trump’s eligibility to run for a second term this fall. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.

Resources:

Jeffrey Rosen, “The Supreme Court’s Election Dilemma,” WSJ (Jan. 5, 2024)

Gerard Magliocca, “Background as Foreground: Section Three of the Fourteenth Amendment and January Sixth,” (Dec. 21, 2022)

Gerard Magliocca, “Amnesty and Section Three of the Fourteenth Amendment,” (July 20, 2021)

Gerard Magliocca, “What the Supreme Court Should Not Do in Trump’s Disqualification Case,” NY Times (Jan. 5, 2024)

Josh Blackman & Seth Tillman, “Sweeping and Forcing the President into Section Three,” (Sept. 19, 2023)

Josh Blackman & Seth Tillman, “Is the President an ‘Officer of the United States’ for Purposes of Section 3 of the Fourteenth Amendment?” (Dec. 20, 2021)

Josh Blackman & Seth Tillman, Amicus Brief in Support of Trump in Trump v. Anderson

Griffin’s Case (1869)

The Slaughterhouse Cases (1873)

Bradwell v. Illinois (1873)

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