Rick Hasen joins the hosts to discuss whether the Constitution disqualifies Trump from the presidency. They explore the upcoming Supreme Court case, the vulnerability of voting rights, and potential implications for democracy. They analyze Trump's merits brief, propose a constitutional amendment, and discuss the path to protecting the right to vote.
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Quick takeaways
The podcast emphasizes the importance of establishing a constitutional amendment to safeguard voting rights and ensure comprehensive protection for all citizens.
The ongoing disqualification case against Donald Trump under Section 3 of the 14th Amendment raises concerns about future elections and the protection of democracy.
The episode highlights the need for a constitutional amendment that explicitly protects the right to vote, preventing disenfranchisement and maintaining the integrity of elections.
Deep dives
The Importance of Protecting Voting Rights
The podcast episode focuses on the need to protect voting rights and strengthen democracy. It discusses the history of voting rights in the United States, highlighting the lack of an explicit right to vote in the Constitution. The episode explores how different amendments, such as the 19th and 15th Amendments, have granted voting rights to specific groups, but there is still a need for a broader protection of the right to vote. The host interviews Rick Hasen, a law and political science professor, who emphasizes the importance of safeguarding voting rights through a constitutional amendment that provides a real and comprehensive right to vote for all citizens.
The Disqualification Case Against Donald Trump
The podcast discusses the ongoing disqualification case against former President Donald Trump under Section 3 of the 14th Amendment. The episode provides an overview of Section 3, which states that no one who has engaged in insurrection or rebellion against the United States can hold any office. It delves into the arguments presented in the case, such as whether the provision applies to the president, and if it requires enabling legislation from Congress. The episode explores Trump's brief on the merits and notes the weaknesses of his arguments, including the hyper-technical argument that the president is not an officer of the United States. The hosts express uncertainty about how the case will be decided and highlight the potential implications for future elections and the protection of democracy.
The Need for a Constitutional Amendment and Protecting Against Election Subversion
The podcast episode examines the potential for a constitutional amendment to address election subversion and protect against efforts to undermine election results. It discusses the aftermath of the 2020 election and the attempts to overturn its results. The episode highlights the vulnerability of the right to vote, noting that states can restrict or take away the right at any time. It raises concerns about proposals that give legislatures greater control over determining election outcomes. The episode emphasizes the need for a constitutional amendment that explicitly protects the right to vote for all citizens, preventing disenfranchisement and ensuring that election results are upheld. It suggests that such an amendment would help safeguard democracy and strengthen the integrity of elections.
The legal issues surrounding Trump's disqualification
The Colorado case before the Supreme Court raises the question of whether Trump should be disqualified due to his involvement in the Capitol insurrection. The claim is that Trump engaged in insurrection by inciting his supporters to invade the Capitol, and thus, he should be disqualified. This case presents numerous legal, procedural, and factual issues for the Supreme Court to navigate. The outcome of this case will have significant implications for the interpretation of Section 3 of the 14th Amendment and the potential risks of political violence and the impact on democracy.
The importance of a definitive ruling on Trump's disqualification
There is a need for a definitive ruling from the Supreme Court on whether Trump should be disqualified, as uncertainty and potential disenfranchisement of voters pose significant risks. If Trump's disqualification is determined after the primary election or even after the general election, it would create chaos and potentially lead to social unrest. It is crucial for the court to avoid punting or delaying a decision to ensure that voters and the country have clarity and confidence in the election process. However, the court faces challenges in addressing the case comprehensively and balancing the potential political ramifications.
This week the Supreme Court will hear arguments in the case about whether Donald Trump is eligible to run for president, or whether he's disqualified from doing so by a provision of the 14th Amendment that prevents individuals from holding public office if they've engaged in insurrection. As part of the preview of the arguments, Kate, Melissa, and Leah welcome Rick Hasen, author of A Real Right To Vote: How A Constitutional Amendment Can Safeguard Democracy.