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A cartoon Trump is shooed away by a hand in a judge's robe

The Case for Disqualification

Three years later, amid another national election, the American public is still slow to understand the enormity of January 6, 2021.

When Constitutional-Law Professors Fight

On the folly of relying on history to settle the debate over whether the Fourteenth Amendment should bar Trump from office.
Photo of Donald Trump at a podium and pointing.

The Supreme Court Must Unanimously Strike Down Trump’s Ballot Removal

Excluding him, wrongfully, by a close vote of the Supreme Court could well trigger the next Civil War.
Gen. Robt. E. Lee, 1886.

After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?

Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.
Former U.S. President Donald Trump prepares to speak at the Conservative Political Action Conference CPAC held at the Hilton Anatole on Aug. 6, 2022 in Dallas.
partner

What Civil War History Says About Attempts to Use the Insurrection Clause to Keep Trump From Office

Debates about handling Confederates reveal that the 14th Amendment bars unrepentant insurrectionists from office.
Fourteenth Amendment.

The Fourteenth Amendment's Ambiguous Section Three

Scholars and pundits are suddenly interested in the section disqualifying insurrectionists from offices. But text and history don't offer clear answers.
Robert E. Lee.

Disqualifying Trump via Section Three of the Fourteenth Amendment

A bad history.
Donald Trump behind bars made of the US Constitution

The Constitution Prohibits Trump From Ever Being President Again

The only question is whether American citizens today can uphold that commitment.
Members of the National Guard stand behind a fence outside of the U.S. Capitol building.

Impeachment May Not Work. Here’s the Next Best Way to Dump Trump

The 14th Amendment offers a remedy that is both simpler and likelier to work.

Why the Long Shadow of Bush v. Gore Looms Over the Supreme Court’s Colorado Case

In the fight over keeping Trump’s name on the ballot, the 2000 decision is a warning but not a precedent.
U.S. Capitol building

Searching for the Perfect Republic

On the 14th amendment – and if it might stop Trump.

The Struggle Over the Meaning of the 14th Amendment Continues

The fight over the 150-year old language in the Constitution is a battle for the very heart of the American republic.

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