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Saturday, January 15, 2022

Some Additional Section Three Resources

I've found some additional cases and authorities on Section Three that are not in my law review article. None of them are terribly significant, but for those who are interested I thought I would just list them.

Opinion of Justices, 12 Fla. 651 (1868) (advisory opinion holding that members of the state secessionist convention were not subject to Section Three).

Hudspeth v. Garrigues, 21 La.Ann 684 (1869) (holding that a state court clerk under the Confederacy was not subject to Section Three).

Powell v. Boon, 43 Ala. 459 (1869) (mentioning Section Three in an offhand way).

Op. of the Attorney General, May 24th 1867 (defining "engaged in insurrection" as used in the Reconstruction Acts, incorporating Section Three of the proposed Fourteenth Amendment).

There's at least one more case from Kansas that I will discuss in another post.

Posted by Gerard Magliocca on January 15, 2022 at 08:42 AM | Permalink


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