Law Review Analysis of Section 3, 14th Amendment & Trump

By Prof. William Baude and Prof. Michael Stokes Paulsen

Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This Article corrects those mistakes by setting forth the full sweep and force of Section Three.

Democracy Crisis