Does Section Three Live?

Does Section Three Live?

Colorado’s Supreme Court ruled that Donald Trump was ineligible for the Presidency under Section 3 of the 14th Amendment, following a trial, a verdict, and appeals. The January 6th commission had numerous findings of fact that seemed damning to the former President. The Special Counsel brought charges against him related to the fateful day. But the Supreme Court unanimously ruled against Colorado; the Justice Department is dropping their case; the January 6th commission has disbanded. Meanwhile there has been no ruling that Trump did not in fact violate Section 3. Does it exist? And if it does, what are the implications for Congress’ certification of the vote in early January 2025? We return to this subject even as the nation seems to be leaving it behind. Also - an early look at some of the background to the recess appointment article authored by Prof. Amar and others which will appear soon, and a celebration of a great man and a great historian. CLE credit is available from podcast.njsba.com.

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Avsnitt(293)

An Amendment Like Some Others - Special Guest Vikram D. Amar

An Amendment Like Some Others - Special Guest Vikram D. Amar

Voting rights are in the news.  The state and federal governments have sought to weigh in and intervene on election laws, as we have seen in previous cycles.  This time, a number of states have passed...

26 Aug 1h 21min

Preclearing the President

Preclearing the President

What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again?  New tariffs are offered after the old ones are thrown out.  Birthright ci...

19 Aug 1h 14min

There You Go Again

There You Go Again

The President did not file for reconsideration of the Court’s decision in Trump v. Barbara, but the President nevertheless doesn’t let the Constitution rest, issuing two new executive orders that purp...

12 Aug 1h 8min

Dobbs and Bruen Plus Time

Dobbs and Bruen Plus Time

As we make our way through the 20 most constitutionally significant cases of the Roberts court, this episode takes us through two cases that have continued to have resonance with the American people a...

5 Aug 1h 19min

Faces of Intratextualism

Faces of Intratextualism

We continue our survey of the Roberts Court’s oeuvre of constitutional cases, with particular emphasis on the series of cases that concerned making rules for voting and for voting districts.  These ca...

29 Juli 1h 23min

The Surprising Score

The Surprising Score

The SCOTUS term is behind us, and we take a look back - not just at this term, but at the entirety of the Roberts Court.  What are the most important constitutional cases of its time?  Where do the ju...

23 Juli 1h 22min

Dissenting from the Dissents

Dissenting from the Dissents

How could the vote in Trump v. Barbara have been as close as it was?  Many have been bewildered by the vote in this case, given the strength of the arguments in Chief Justice Roberts' majority opinion...

16 Juli 1h 26min

Unitary Duality - Guests Steven Calabresi and Vikram Amar

Unitary Duality - Guests Steven Calabresi and Vikram Amar

he Supreme Court ruled in two cases framing Unitary Executive theory.  So it’s entirely appropriate that we have two great experts on the topic joining us.  Steve Calabresi literally wrote the book on...

8 Juli 1h 30min

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