• Behind the Vote: Disqualifying an Insurrectionist President?

  • Jan 23 2024
  • Length: 1 hr and 1 min
  • Podcast

Behind the Vote: Disqualifying an Insurrectionist President?

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  • Summary

  • In a bonus episode, Peter and Dale explore with two constitutional scholars whether the Fourteenth Amendment, Section 3 Disqualification Clause bars Donald J. Trump from again serving as president. Gerard Magliocca, whose 2020 academic research helped to spark interest in the question, and Garrett Epps, author of Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America, discuss whether the Disqualification Clause covers presidents, whether Donald Trump’s documented actions amount to “insurrection,” and whether Congress needs to enact enabling legislation before the Disqualification Clause becomes operative. They survey the Supreme Court’s options in reviewing the Colorado Supreme Court decision barring Trump from a presidential primary ballot in that state–and the legal and political implications of the different possibilities.
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