We the People

Is President Trump Disqualified from Office Under the 14th Amendment?


Listen Later

Two constitutional law scholars—Will Baude and Michael Stokes Paulsen—recently published an in-depth article arguing that President Donald Trump is disqualified for running for reelection under Section 3 of the 14th Amendment. In this episode, law professors Mark Graber and Michael McConnell join host Jeffrey Rosen to discuss what Section 3 means and how it applies to disqualification from office; whether President Trump's actions qualify as engaging in insurrection; whether or not Section 3 is self-executing and who can enforce it, and more.  


Resources: 

  • William Baude & Michael Stokes Paulsen, “The Sweep and Force of Section Three” (Aug. 2023) 
  • Mark Graber, “Their Fourteenth Amendment, Section 3 and Ours,” Just Security (Feb 2021)  
  • Mark Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War (2023) 
  • Michael McConnell, Responding About the Fourteenth Amendment, “Insurrection,” and Trump, Volokh Conspiracy (Aug. 2023) 
  •  

    Questions or comments about the show? Email us at [email protected].

    Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr

    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

    You can find transcripts for each episode on the podcast pages in our Media Library.

    ...more
    View all episodesView all episodes
    Download on the App Store

    We the PeopleBy National Constitution Center

    • 4.6
    • 4.6
    • 4.6
    • 4.6
    • 4.6

    4.6

    1,081 ratings


    More shows like We the People

    View all
    Political Gabfest by Slate Podcasts

    Political Gabfest

    8,467 Listeners

    The Political Scene | The New Yorker by The New Yorker

    The Political Scene | The New Yorker

    4,101 Listeners

    Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

    Amicus With Dahlia Lithwick | Law, justice, and the courts

    3,544 Listeners

    Conversations with Bill Kristol by Bill Kristol

    Conversations with Bill Kristol

    2,036 Listeners

    Live at the National Constitution Center by National Constitution Center

    Live at the National Constitution Center

    146 Listeners

    The Lawfare Podcast by The Lawfare Institute

    The Lawfare Podcast

    6,304 Listeners

    Civics 101 by NHPR

    Civics 101

    2,552 Listeners

    Radio Atlantic by The Atlantic

    Radio Atlantic

    2,370 Listeners

    Stay Tuned with Preet by Preet Bharara

    Stay Tuned with Preet

    32,399 Listeners

    Interesting Times with Ross Douthat by New York Times Opinion

    Interesting Times with Ross Douthat

    7,261 Listeners

    Strict Scrutiny by Strict Scrutiny

    Strict Scrutiny

    5,874 Listeners

    Advisory Opinions by The Dispatch

    Advisory Opinions

    3,949 Listeners

    The Ezra Klein Show by New York Times Opinion

    The Ezra Klein Show

    16,482 Listeners

    Divided Argument by Will Baude, Dan Epps

    Divided Argument

    744 Listeners

    The Opinions by The New York Times Opinion

    The Opinions

    613 Listeners