Is President Trump Disqualified from Office Under the 14th Amendment?

Two constitutional law scholars—Will Baude and Michael Stokes Paulsen—recently published an in-depth article arguing that President Donald Trump is disqualified for running for reelection under Section 3 of the 14th Amendment. In this episode, law professors Mark Graber and Michael McConnell join host Jeffrey Rosen to discuss what Section 3 means and how it applies to disqualification from office; whether President Trump's actions qualify as engaging in insurrection; whether or not Section 3 is self-executing and who can enforce it, and more.   Resources:  William Baude & Michael Stokes Paulsen, “The Sweep and Force of Section Three” (Aug. 2023)  Mark Graber, “Their Fourteenth Amendment, Section 3 and Ours,” Just Security (Feb 2021)   Mark Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War (2023)  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 Facebook and Twitter using @ConstitutionCtr.  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.