« Not a technicality, still a distraction (Updated) | Main | Excluding Members-Elect from Congress »

Monday, December 14, 2020

Draft Paper on Section Three of the Fourteenth Amendment

I've posted a draft of my new paper on "Amnesty and Section Three of the Fourteenth Amendment." Comments are welcome.

Posted by Gerard Magliocca on December 14, 2020 at 01:13 PM | Permalink


Gotta get those SSRN views.

Posted by: thegreatdisappointment | Dec 14, 2020 6:31:56 PM

I figured I'd address that in a separate post, but the short answer is no. Joining a brief in not "insurrection or rebellion." Not by a long shot.

Posted by: Gerard | Dec 14, 2020 3:00:19 PM

Like many laypeople, I first heard of Section 3 of the 14th Amendment last week, via Rep. Lascrell's letter to Speaker Pelosi regarding whether the lawmakers who signed on as amici to Texas v. Pennsylvania may have violated it. As such on some thematic level your paper is timely. Do you have a point of view on whether the section, "vestigial" at may be, is potentially operative today and whether Lascrell has a point here?

Posted by: Rowen Bell | Dec 14, 2020 2:56:08 PM

Post a comment