A few weeks ago I linked to a new draft article with Michael Stokes Paulsen, The Sweep and Force of Section Three, forthcoming in the Pennsylvania Law Review. The article argues that Section Three of the Fourteenth Amendment has continuing, self-executing, legal force and a relatively broad substantive sweep, and that among other things it disqualifies Donald Trump from future office because of his participation in the attempted overthrow of the 2020 presidential election. Since then Prof. Paulsen and I have generally been declining media interviews and the like, preferring to let the article speak for itself.
But we recently made an exception for a long conversation with my former professor, and Paulsen's former law-school roommate, Akhil Amar. In two episodes totaling about three hours we talk about many aspects of the argument about Section Three, including various issues of federal jurisdiction, congressional power over the electoral count, our reactions to the recent blog post here by our friend Professor Michael McConnell, and more. The two episodes are linked below.
The Two Experts on Section Three—Special Guests William Baude and Michael Stokes Paulsen
