A number of weeks in the past I linked to a brand new draft article with Michael Stokes Paulsen, The Sweep and Force of Section Three, forthcoming in the Pennsylvania Law Review. The article argues that Part Three of the Fourteenth Modification has persevering with, self-executing, authorized pressure and a comparatively broad substantive sweep, and that amongst different issues it disqualifies Donald Trump from future workplace due to his participation within the tried overthrow of the 2020 presidential election. Since then Prof. Paulsen and I’ve typically been declining media interviews and the like, preferring to let the article converse for itself.
However we just lately made an exception for an extended dialog with my former professor, and Paulsen’s former law-school roommate, Akhil Amar. In two episodes totaling about three hours we speak about many elements of the argument about Part Three, together with numerous problems with federal jurisdiction, congressional energy over the electoral depend, our reactions to the current weblog submit right here by our buddy Professor Michael McConnell, and extra. The 2 episodes are linked under.
The Two Experts on Section Three—Special Guests William Baude and Michael Stokes Paulsen
In a particular episode, the 2 distinguished authors of a current main article, which dives deep into Part 3 of the Fourteenth Modification and finds that Donald Trump is disqualified from the Presidency, be a part of us for a considerate and rigorous examination of the powerful questions on their conclusions. These are main conservative students who’ve gone the place their methodologies, and the regulation, has taken them. Response has been swift and impassioned across the nation, and on this episode they reply for the primary time to among the critiques, discover the implications of their work, and in doing so, they bring about an integrity to our civic dialog. This is a crucial dialogue of essential points, by actual consultants.
The Two Experts, Part Two—Special Guests William Baude and Michael Stoke Paulsen
We proceed our unique dialogue with the Professors Baude and Paulsen, authors of the bombshell article declaring Trump ineligible for the Presidency. This time we discover some issues which have been voiced within the media and elsewhere; we have a look at how this provision may make itself efficient in apply. We hint the attainable routes such an effort may take; the place would it not be initiated—and importantly, who can be the ultimate authority? Alongside the best way we enter the Fed Courts classroom and have a look at—what else—the Structure’s voice on these issues, within the 14th modification, and elsewhere.
