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🗓️ 21 September 2023
⏱️ 34 minutes
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Donald Trump holds a 47-point lead in the race for the GOP presidential nomination. As the probability of his primary victory sinks in, legal scholars who see the former president as unfit for office have put forth another way to block a second term: disqualification.
Kimberly Wehle is one of those constitutional scholars. She says Trump's actions after the 2020 election ban him from holding future office under a clause of the 14th Amendment.
Wehle first wrote about this issue back in January 2022 for Politico Magazine. The legal theory has now caught on with liberal groups, who have filed legal challenges in Colorado and Minnesota, and sent letters to election officials in several other states.
Wehle joins Diane on the podcast to talk about what the 14th Amendment actually says, whether it could apply to Donald Trump, and what the consequences of blocking the former president might be for the country.
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| 0:00.0 | Hi, it's Diane. On my mind, a 14th amendment. Donald Trump holds a 47-point lead in the |
| 0:14.1 | race for the GOP nomination. As the inevitable at it, his primary victory sinks in. Legal |
| 0:23.0 | scholars who see the former president as unfit for office have put forth another way to |
| 0:30.6 | block a second term disqualification. Now people might say, that's a bad idea. You're |
| 0:37.6 | going to get Trump supporters very upset and my response is, well then, people shouldn't |
| 0:43.1 | engage in insurrections if they want to be president. That's Kimberly Whaley. She's Professor |
| 0:48.4 | of Law, a legal analyst for ABC News, and he author of several books on the Constitution. |
| 0:57.1 | She first wrote about this issue back in January 2022 for political magazine. She joined |
| 1:06.0 | to talk about what the 14th amendment actually says, whether it could apply to Donald Trump, |
| 1:13.6 | and if he should be disqualified. Kim, tell me about the 14th amendment. There has been such a |
| 1:21.7 | lot of talk about it. And yet, two others know exactly what is in that 14th amendment. |
| 1:31.1 | You know what, Diane? It's a blockbuster part of the U.S. Constitution. And I say that because |
| 1:36.4 | it contains the primary part contains two biggies, the equal protection clause and the due process |
| 1:44.6 | clause. So equal protection is where sort of anti-discrimination constitutional protections come. |
| 1:50.8 | That's where the affirmative action line of cases comes from. Due process is where abortion rights |
| 1:58.7 | originally came from, but also it's the right to marriage. It's the right to decide your own |
| 2:03.3 | health care. All kinds of unenumerated rights come from the due process clause, well beyond abortion, |
| 2:13.6 | but there's another part of the 14th amendment. So the 14th amendment came post-civil war during |
| 2:19.6 | reconstruction, the 13th, the 14th, and the 15th amendments, this kind of three-part package. |
| 2:26.7 | There's another part of the 14th amendment, section three. And I'm paraphrasing that essentially |
| 2:32.5 | if you took an oath of office and you engaged in an insurrection or rebellion, then you cannot |
| 2:40.1 | hold office again. So remember, after the civil war, there were confederates that were potentially |
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