AI-powered
podcast player
Listen to all your favourite podcasts with AI-powered features
Amarica's Constitution
The Two Experts on Section Three - Special Guests William Baude and Michael Stokes Paulsen
Aug 30, 2023
Distinguished authors of a major article on the 14th Amendment, William Baude and Michael Stokes Paulsen, discuss the disqualification of Donald Trump. They explore Section Three of the Amendment, the uncertainty of the Constitution's future, the importance of historical originalism, the power of amendments, duties to enforce the Constitution, technicalities of aid and comfort, lessons from the Civil War, the historical context of the 14th Amendment, and potential constitutional crises.
01:34:01
Episode guests
AI Summary
AI Chapters
Episode notes
Podcast summary created with Snipd AI
Quick takeaways
- Officials have a duty to enforce Section 3 of the 14th Amendment faithfully, regardless of personal preferences or political considerations.
- Section 3 of the 14th Amendment can be harmonized with the First Amendment, as it primarily disqualifies based on engagement in insurrection, not pure speech.
Deep dives
The Obligation to Enforce Section 3
Officials have a duty to enforce Section 3 of the 14th Amendment faithfully. This duty applies to legislative bodies, election officials, executive officers, and others. Failure to fulfill this duty can be seen as a betrayal of the Constitution and the oath taken to support it. However, it does not necessarily mean that those who fail to enforce Section 3 are considered enemies of the Constitution or subject to sanctions under Section 3 themselves. Rather, the focus is on the obligation to carry out the provisions of the Constitution, even if they are disliked or seen as conflicting with other principles.
Get the Snipd
podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered
Discover
highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any
moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share
& Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered
podcast player
Listen to all your favourite podcasts with AI-powered features
Discover
highlights
Listen to the best highlights from the podcasts you love and dive into the full episode