James A. Heilpern on Why Section 3 Reaches Presidents
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 1 February 2024
⏱️ 46 minutes
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Summary
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.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the Lawfair Podcast, |
| 0:08.0 | become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com |
| 0:16.4 | slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath. |
| 0:30.0 | Sometimes they as a general assembly will elect the governor and in certain states we even see |
| 0:48.5 | these words appoint and elect being used in the same sentence of the Constitution, clearly in a manner that is interchangeable. |
| 0:58.0 | I'm Roger Parloff, a senior editor at Law Fair, and this is the Law Fair Podcast February 1st, 2024. |
| 1:06.8 | We're approaching the historic oral argument of the US Supreme Court in Trump |
| 1:12.3 | versus Anderson. |
| 1:14.2 | That's the case over whether Donald Trump is disqualified from holding the presidency |
| 1:19.1 | under Section 3 of the 14th Amendment, which bars certain insurrectionists from holding certain federal and state posts. |
| 1:27.0 | I sat down with James A Heilpern, a senior fellow at Brigham Young University law school. |
| 1:34.0 | Halpern co-authored a new article on Section 3 |
| 1:38.0 | that was just posted online January 1st |
| 1:41.0 | and yet has already been cited in several Supreme Court briefs, including |
| 1:46.2 | the merits brief of the voter challengers in Trump v Anderson. |
| 1:51.6 | It addresses the disputed issue of whether Section 3 even applies to Presidents, and it |
| 1:57.7 | concludes that it does. |
| 2:00.3 | His article uses Corpus Linguistics and other forms of legal research to look at how crucial phrases were used in 1788 |
| 2:10.0 | when the original Constitution was ratified, |
| 2:13.2 | and also in 1868, when Section 3 was ratified. |
| 2:18.4 | This is the Law Fair Podcast, February 1st, 2024, James A Heilpern on Y Section 3 reaches Presidents. |
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