James A. Heilpern on Why Section 3 Reaches Presidents

James A. Heilpern on Why Section 3 Reaches Presidents

We're approaching the historic oral argument of the U.S. Supreme Court in Trump v. Anderson. That's the case over whether Donald Trump is disqualified from holding the presidency under Section 3 of the 14th Amendment, which bars certain insurrectionists from holding certain federal and state posts.

Lawfare Senior Editor Roger Parloff sat down with James A. Heilpern, a Senior Fellow at Brigham Young University Law School. Heilpern co-authored with Michael T. Worley a new article on Section 3 that was just posted online January 1 and yet has already been cited in several Supreme Court briefs, including the merits brief of the voter challengers in Trump v. Anderson. It addresses the disputed issue of whether Section 3 even applies to presidents, and it concludes that it does. The article uses corpus linguistics and other forms of legal research to look at how crucial phrases were used in 1788, when the original Constitution was ratified, and also in 1868, when Section 3 was ratified.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Jaksot(2882)

Rational Security: The “Sects, Lies, and Twin Peaks” Edition

Rational Security: The “Sects, Lies, and Twin Peaks” Edition

This week, Scott sat down with his foreign-policy-minded colleagues Daniel Byman, Michael Feinberg, and Ari Tabatabai to talk through some recent big news stories around the world, including:“Beer Hal...

19 Helmi 1h 17min

Lawfare Daily: Challenging Immigration Detentions in Minnesota

Lawfare Daily: Challenging Immigration Detentions in Minnesota

The dramatic influx of immigration enforcement actions in Minnesota have landed an enormous number of people in detention. It's led to an unprecedented number of petitions for habeas corpus—that is, p...

19 Helmi 47min

Lawfare Daily: National Security Regulation of Technology and Data Transactions  

Lawfare Daily: National Security Regulation of Technology and Data Transactions  

Lawfare Book Review Editor Jonathan Cedarbaum sits down with Justin Sherman, the CEO of Global Cyber Strategies, to discuss his new book, "Navigating Technology and National Security: The Intersection...

18 Helmi 54min

Lawfare Daily: Ukraine After Year One of Trump’s Second Term, with Eric Ciaramella and Francis Farrell

Lawfare Daily: Ukraine After Year One of Trump’s Second Term, with Eric Ciaramella and Francis Farrell

Eric Ciaramella of the Carnegie Endowment for International Peace and Francis Farrell, a reporter at the Kyiv Independent who covers military and security dynamics in Ukraine, join Lawfare’s Ukraine F...

17 Helmi 1h 6min

Lawfare Daily: The Trials of the Trump Administration, Feb. 13

Lawfare Daily: The Trials of the Trump Administration, Feb. 13

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Eric Columbus, Roger Parloff, and Anna Bower, Lawfare Public Service Fellow Troy Edwards...

16 Helmi 1h 42min

Lawfare Archive: Jack Goldsmith on Trump v. United States and Executive Power

Lawfare Archive: Jack Goldsmith on Trump v. United States and Executive Power

From February 12, 2025: Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota an...

15 Helmi 53min

Lawfare Archive: Nayna Gupta on the Laken Riley Act

Lawfare Archive: Nayna Gupta on the Laken Riley Act

From February 7, 2025: On today’s podcast, Lawfare Associate Editor for Communications Anna Hickey spoke to Nayna Gupta, Director of Policy at the American Immigration Council, about the Laken Riley A...

14 Helmi 34min

Lawfare Daily: Lessons for Civilian Harm Mitigation in Urban Warfare, from Gaza and Beyond

Lawfare Daily: Lessons for Civilian Harm Mitigation in Urban Warfare, from Gaza and Beyond

For today's podcast, we're bringing you the audio for a panel discussion that Senior Editor Scott R. Anderson hosted this past November, at a conference on Precision Lethality and Civilian Harm Mitiga...

13 Helmi 55min

Suosittua kategoriassa Politiikka ja uutiset

uutiscast
aikalisa
ootsa-kuullut-tasta-2
politiikan-puskaradio
rss-ootsa-kuullut-tasta
tervo-halme
rss-vaalirankkurit-podcast
viisupodi
et-sa-noin-voi-sanoo-esittaa
rss-podme-livebox
rss-asiastudio
otetaan-yhdet
rss-girls-finish-f1rst
rikosmyytit
the-ulkopolitist
rss-raha-talous-ja-politiikka
rss-kaikki-uusiksi
rss-polikulaari-pitka-kiekko-ja-muut-ts-podcastit
rss-vain-talouselamaa
rss-tekkipodi