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Insurrection

72 published works

  1. PrawfsBlawg

    Happy Constitution Day!

    By prawfsblawg@gmail.com

    Main Sunday, September 17, 2023Happy Constitution Day!To celebrate, I would urge you all to read John Vlahoplus's paper on "Insurrection, Disqualification, and the Presidency," which methodically lays out the argument…

  2. Legal Theory Blog

    Weisberg on Baude & Sachs on Section 3

    By Lawrence B. Solum

    David Weisberg has posted Baude and Paulsen are Mistaken: Section 3 Has Never Barred Anyone from Serving as President on SSRN. Here is the abstract: Section 3 of the Fourteenth…

  3. The Right Coast

    Trashing the Constitution Just to Get Trump | RealClearPolitics

    By Thomas A. Smith

    Anti-Trump groups determined to disqualify the leading Republican candidate for president are urging state election officials across the U.S. to remove Donald Trump from the ballot, claiming he's an "insurrectionist."…

  4. The Right Coast

    Arming the 14th Amendment Against Trump Voters – The American Spectator | USA News and Politics

    By Thomas A. Smith

    Any claim that Baude and Paulson have to nonpartisanship is belied by the final sentence of the above. For them, it is self-evident that Trump is guilty of insurrection, despite…

  5. PrawfsBlawg

    The Silent Majority

    By prawfsblawg@gmail.com

    Main Monday, August 21, 2023The Silent MajoritySince January 2021, I've received many messages from people asking something like the following: "Section Three says that officials who engage in insurrection against…

  6. San Antonio Employment Law Blog

    Trump Barred from Office, Say Law Professors

    By Thomas J. Crane

    Two conservative legal scholars argue that former Pres. Trump is barred from holding office. They point to Sec. 3 of the 14th Amendment which bars persons who "engaged in insurrection"…

  7. The Right Coast

    The Constitution bars Trump from holding public office ever again | The Hill

    By Thomas A. Smith

    While some ­on the right portray accountability for the Jan. 6 Capitol riot as just another partisan dispute, two prominent conservative legal scholars have made the case that the Constitution…

  8. PrawfsBlawg

    You’ve Got Questions? I’ve Got Answers

    By prawfsblawg@gmail.com

    Main Monday, August 14, 2023You've Got Questions? I've Got AnswersIn light of the Baude/Paulsen paper, I want to address some common misconceptions about Section Three.1. Unless you want to indulge…

  9. Simple Justice

    One Candidate Shy

    By Scott Greenfield

    The argument appears to be straight forward. Section 3 of the Fourteenth Amendment precludes anyone who provided aid and comfort to insurrectionists from holding public office. Section 3 Disqualification from…

  10. PrawfsBlawg

    The Impact (or not) of a Criminal Insurrection Charge

    By prawfsblawg@gmail.com

    Main Wednesday, July 19, 2023The Impact (or not) of a Criminal Insurrection ChargeThe special counsel may soon bring a January 6th indictment against Donald Trump. One issue that will be…