Gerard Magliocca

The podcast discusses the Supreme Court's ruling on disqualifying Trump under the Fourteenth Amendment, leaving many questions unanswered. Experts analyze the implications, internal dynamics of the ruling, historical context, and challenges of enforcing Section Three. They also touch on protecting personal information online and the complexities of election law.

In this episode, professors Josh Blackman and Gerard Magliocca dive into the meaning and purpose of the 14th Amendment and the arguments for and against Trump's eligibility to run for a second term. They discuss the constitutional issues surrounding Section 3, the implications for Congress and states, the historical context of insurrection, the decision-making authority for Trump's eligibility, the options if he wins the nomination, and the comparison to Bush v. Gore. Finally, they present their final thoughts on the Supreme Court case.

Join constitutional scholars Gerard Magliocca, Michael Rappaport, Stephen E. Sachs, and Sanford Levinson as they unpack the complexities of Article V. Magliocca reveals fears around limited conventions, while Rappaport discusses the importance and potential pitfalls of the convention amendment method. Sachs tackles interpretive puzzles and historical precedents, contrasting them with Levinson's call for a new constitutional convention to reflect on pressing national issues. Together, they navigate past traditions and future reforms in a lively conversation.

Gerard Magliocca, a constitutional law scholar, discusses the historical context of constitutional conventions. He is joined by Michael Rappaport, who supports limited conventions to ensure structured amendment processes. Stephen Sachs raises concerns about the constitutionality of such conventions, referencing the 11th Amendment. Sanford Levinson advocates for a new constitutional convention to address urgent governance issues. Together, they explore the complexities and potential reforms surrounding Article V, emphasizing the need for popular sovereignty and clearer amendment processes.

Dan Hemel, a professor at the University of Chicago Law School, discusses Section 3 of the 14th Amendment as a potential tool to bar former President Trump from running in 2024. The podcast explores the historical context, determining eligibility under Section 3, Congress's definition of 'insurrection' and 'rebellion,' culpability of individuals involved in the Capitol insurrection, and considerations of using Section 3 in addressing the events of January 6th.