Explore the upcoming Supreme Court oral arguments in Trump v. Anderson and the compelling history in the amicus brief. Learn about the parallels between ex-President Trump's actions and the concerns of the framers of the Fourteenth Amendment. Delve into the motivations and figures behind the drafting of the amendment, with a focus on John B. Floyd. Discover the enduring lessons of the 14th Amendment and its application to Jefferson Davis and Trump. Analyze conflicting rulings and disqualification based on Section Three of the Constitution. Also, learn about opportunities for legal education and the importance of proper citation.
Section 3 of the 14th Amendment extends beyond the Civil War era and has relevance in contemporary situations, such as the events of January 6, 2021.
Oaths play a critical role in holding public officials accountable and breaking an oath erodes the foundation of the President's relationship with the people.
Section 3 is self-executing and does not require additional legislation, as demonstrated by President Ulysses S. Grant's enforcement of the provision.
Deep dives
The significance of John B. Floyd in the context of the 14th Amendment
John B. Floyd, a trader and key figure during the Civil War, plays a central role in understanding the motivations behind the drafting and ratification of the 14th Amendment, specifically Section 3. While Floyd himself died before the amendment was ratified, his actions and treachery set the stage for the creation of Section 3. This section of the amendment is not just about the Civil War, but also about individuals who betrayed their oaths of office to the Constitution. Floyd's use of his position as Secretary of War to stage an insurrection against the lawful inauguration of Abraham Lincoln made him a significant figure in the fight for preserving and defending the Constitution. By highlighting Floyd's actions, the podcast emphasizes that Section 3 is not limited to the Civil War era, but has relevance in contemporary situations, such as the events of January 6, 2021.
The importance of oaths and their impact on the presidency
The podcast explores the significance of oaths and their role in holding public officials accountable. Oaths serve as a promise to protect and defend the Constitution, providing assurance to the public that those in power will fulfill their duties faithfully. Violating an oath, especially as President of the United States, undermines the trust placed in the office and negates the protection it grants. The discussion highlights how an oath establishes a special relationship between the President and the people, and when that oath is broken, it erodes the foundation of that relationship. This understanding of oaths is essential in comprehending the implications of Section 3 of the 14th Amendment and its disqualification from office provision.
Early implementation of Section 3 and Grant's support
The podcast showcases the early implementation of Section 3 of the 14th Amendment during the Grant administration. Despite the absence of a congressional statute accompanying the amendment, President Ulysses S. Grant instructed his subordinates to enforce Section 3, effectively disqualifying individuals who violated their oaths from holding office. This implementation without legislative action demonstrates that Section 3 is self-executing and does not depend on additional laws to come into effect. Grant's support for Section 3 further reinforces the notion that the amendment's intended purpose was to hold individuals accountable for betraying their oaths and to ensure the preservation and defense of the Constitution.
The Scope and Narrowness of the 14th Amendment
The podcast explores the scope and narrowness of the 14th Amendment, highlighting its interactions in the 1860s and its potential application to future insurrection events. The episode emphasizes that while the amendment is more sweeping in some ways, it is also narrower as it specifically focuses on disqualification and oath-breaking insurrection rather than all interactions. The podcast argues that the amendment carries enduring principles of equality, congressional power, and threats to democracy, urging listeners to recognize the significance of section 3 and not trivialize any part of the 14th Amendment.
The Need for Understanding and Applying the 14th Amendment
The podcast discusses the importance of understanding and applying the 14th Amendment, both in its historical context and in modern debates. The episode emphasizes that the amendment established radical and enduring principles, such as racial and sexual equality, birthright citizenship, and the right to bear arms. It highlights the danger of disregarding or trivializing the 14th Amendment's promises and warns against the misconception that a congressional statute is necessary for its enforcement. The podcast emphasizes the need to recognize the 14th Amendment as a fundamental and vital part of the Constitution that requires careful interpretation and application.
The legal world is abuzz with the impending oral arguments in Trump v. Anderson in a couple of weeks. In the forefront are the powerful arguments and compelling history that are introduced in the amicus brief from the Professors Amar. We continue to delve into the principal lines of reasoning in the brief, and how they take the starch out for some of the tropes that were found in the media. When you take the history one step at a time it is hard to escape the obvious parallels with the actions and inactions of ex-President Trump, and how they precisely align with the concerns the framers of the Fourteenth Amendment had that prompted them to advocate for and ultimately author, pass, and successfully ratify Section Three. Will the Court see it this way? Time will tell, but follow the discussion as we take you through it. CLE credit is available from podcast.njsba.com.
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