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Amarica's Constitution

2 Experts, 3 Courts, Section 3, Part 3 - Special Guests William Baude and Michael Stokes Paulsen

Dec 12, 2023
Special guests William Baude and Michael Stokes Paulsen, leading experts on Donald Trump's disqualification under Section 3 of the 14th Amendment, discuss the arguments made in court and in the media. They cover topics such as confirmatory evidence, interpretation of Section 3, critiques of enforcement, understanding departmentalism, the nature of law and constitution, risks of political retaliation and violence, disqualification vs punishment, the psychology of judges, judicial restraint, the importance of judges ruling on cases, and the extent of Supreme Court authority.
01:55:17

Podcast summary created with Snipd AI

Quick takeaways

  • Section three of the 14th Amendment is a forceful and self-executing part of the Constitution that does not require activation by Congress.
  • Citizens have a moral and civic obligation to vote in conformity with the Constitution and not support constitutionally ineligible candidates.

Deep dives

Section three of the 14th Amendment and its enforceability

Section three of the 14th Amendment is discussed, highlighting its enforceability and relevance beyond the Civil War period. It is argued that section three is a viable and forceful part of the Constitution, with much acceptance for the idea that it is self-executing and does not require activation by Congress. While some have raised political objections, it is emphasized that constitutional limitations on eligibility are not undemocratic, drawing parallels with limitations such as the 22nd Amendment. The importance of upholding the Constitution and not letting it be held hostage to threats of violence or political retaliation is underscored.

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