The Political Scene | The New Yorker cover image

The Political Scene | The New Yorker

Why the Trump Ballot Case Is the Ultimate Test of Originalism

Feb 8, 2024
Notable historian Jill Lepore and other historians explore the Supreme Court case on whether Donald Trump can run for President again. They discuss the interpretation and application of the 14th Amendment's disqualification clause, holding Trump accountable for the January 6th events, the concept of self-executing disqualification, and the potential consequences of a court decision on Trump's eligibility.
27:37

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Quick takeaways

  • The Supreme Court case revolves around the interpretation of the 14th Amendment's disqualification clause and its potential application to Donald Trump.
  • The Supreme Court justices face a delicate decision, balancing the constitutional argument for disqualification with the potential political implications and the need to uphold the rule of law.

Deep dives

Origins of Section 3 of the 14th Amendment

Section 3 of the 14th Amendment, known as the disqualification clause, was proposed after the Civil War to prevent leaders of the former Confederacy from returning to office. It guarantees equal protection and due process of the law for all people, regardless of race. The disqualification clause was intended to secure the safety and security of the new republic and to prevent those who engaged in insurrection from holding office again.

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