THE NEW YORK TIMES: I’m going to begin this column with a rather unusual reading recommendation. If you’ve got an afternoon to kill and want to read 126 pages of heavily footnoted legal argument and historical analysis, I strongly recommend a law review article entitled “The Sweep and Force of Section Three.” It’s a rather dull headline for a highly provocative argument: that Donald Trump is constitutionally disqualified from holding the office of president.
In the article, two respected conservative law professors, William Baude and Michael Stokes Paulsen, make the case that the text, history and tradition of Section 3 of the 14th Amendment — a post-Civil War amendment that prohibited former public officials from holding office again if they “engaged in insurrection or rebellion” or gave “aid or comfort” to those who did — all strongly point to the conclusion that Trump is ineligible for the presidency based on his actions on and related to Jan. 6, 2021. Barring a two-thirds congressional amnesty vote, Trump’s ineligibility, Baude and Paulsen argue, is as absolute as if he were too young to be president or were not a natural-born citizen of the United States. » | David French, Opinion Columnist | Sunday, August 20, 2023
