The Lawfare Podcast Lawfare Archive: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment
Sep 9, 2023
Dan Hemel, a professor at the University of Chicago Law School, discusses Section 3 of the 14th Amendment as a potential tool to bar former President Trump from running in 2024. The podcast explores the historical context, determining eligibility under Section 3, Congress's definition of 'insurrection' and 'rebellion,' culpability of individuals involved in the Capitol insurrection, and considerations of using Section 3 in addressing the events of January 6th.
Chapters
Transcript
Episode notes
1 2 3 4 5 6
Introduction
00:00 • 2min
Origins and Application of Section 3 of the 14th Amendment
02:19 • 11min
Determining Eligibility Under Section 3 of the 14th Amendment
12:52 • 21min
Congress's Definition of 'Insurrection' and 'Rebellion' in Section Three of the 14th Amendment
33:50 • 3min
Analyzing Culpability and Engagement in the Insurrection
37:10 • 5min
Considerations of Using Section 3 of the 14th Amendment
41:42 • 5min