Amarica's Constitution cover image

Amarica's Constitution

A Self-Educating Gaffe

Jan 31, 2024
Debate on Trump's disqualification, importance of 14th Amendment enforcement, provisions as swords and shields, criticism of trial judge's findings, misinterpretation of Cohen's case, expectations for enforcing restrictions on insurrectionists, inconsistency in 14th Amendment Section 3 interpretation, irrelevance of McKee, challenges of accelerated briefing schedules, correcting mistakes in legal practice, challenges of applying originalism, importance of disseminating legal knowledge in society.
01:36:49

Podcast summary created with Snipd AI

Quick takeaways

  • Misinterpretation of a Thaddeus Stevens quote weakens the Attorney General's argument about self-execution.
  • The mistake reveals a lack of familiarity with the history of the 14th Amendment and raises concerns about the scholars' understanding.

Deep dives

Thaddeus Stevens quote misinterpreted

The Attorney General and his colleagues misinterpret a quote from Thaddeus Stevens, claiming it supports their argument, when in fact Stevens was referring to a different section of the 14th Amendment and his statement was made before the final version of section three was drafted.

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