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We the People

The Supreme Court Says States Can’t Keep Trump Off the Ballot

We the People

National Constitution Center

History, News Commentary, News

4.61K Ratings

🗓️ 8 March 2024

⏱️ 56 minutes

🧾️ Download transcript

Summary

On Monday March 4th, the Supreme Court reversed Colorado’s decision to remove President Trump from the ballot. The Court unanimously held that individual states cannot bar insurrectionists from holding federal office under Section 3 of the Fourteenth Amendment. Five Justices went further, ruling that Congress alone may enforce Section 3. In this episode, constitutional scholars Mark Graber of the University of Maryland Law School and Michael McConnell of Stanford Law School join Jeffrey Rosen to discuss the Court’s 9-0 decision to avoid a chaotic “patchwork” of state-level ballot eligibility decisions and the 5-4 majority’s view that Section 3 requires Congress to act before an insurrectionist may be disqualified from office. Resources: Trump v. Anderson (2024) Mark Graber, “Trump’s apologists say it doesn’t matter if he’s guilty of insurrection. That’s not true”, The Guardian, (March 5, 2024) Mark Graber, The Forgotten Fourteenth Amendment: Punish Treason, Reward Loyalty (2023) Michael McConnell, “Is Donald Trump Disqualified from the Presidency? A Response to Matthew J. Franck”, Public Discourse, (Jan. 18, 2024) Prof. 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 social media @ConstitutionCtr and #WeThePeoplePodcast. 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.

Transcript

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0:00.0

On March 4th, the Supreme Court reversed Colorado's decision to remove President Trump from its primary ballot.

0:07.0

The court unanimously held that individual states can't bar insurrectionists from holding federal office under Section 3 of the 14th Amendment.

0:15.2

Five justices went further ruling that Congress alone may enforce Section 3.

0:20.1

Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution

0:27.2

Center and welcome to We The We the People, a weekly show of constitutional debate.

0:32.0

The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase

0:37.1

awareness and understanding of the Constitution among the American people.

0:41.6

In this episode, we'll discuss the court's unanimous decision

0:44.6

to avoid a chaotic patchwork of state-level ballot eligibility decisions

0:49.4

and the five to four majorities view

0:52.0

that section three requires Congress to act before an

0:55.2

insurrectionist can be disqualified from office. Joining me for this discussion are two

1:00.6

of America's leading constitutional thinkers, two of our leading experts on the history and meaning of section 3 and two guests who is always an honor to welcome to We The People.

1:12.7

Mark Graber is the Jacob A France professor of constitutionalism

1:16.2

at the University of Maryland School of Law.

1:18.3

He recently wrote the highly relevant book,

1:20.7

Punished treason, reward loyalty, the forgotten goals of constitutional reform after the Civil War.

1:27.0

Mark wrote in Amicus brief in support of the state of Colorado.

1:31.0

Mark, it is wonderful to welcome you back to We The People.

1:34.0

Thank you for having me.

1:36.0

And Michael McConnell is the Richard and Francis Mallory professor and director of the

1:39.7

constitutional law center at Stanford Law School.

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