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Sweeping Section Three Under the Rug: A Comment on Trump v. Anderson
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Sweeping Section Three Under the Rug: A Comment on Trump v. Anderson

William Baude and Michael Stokes Paulsen
Harvard law review, Vol.138(3), pp.676-716
01/2025

Abstract

Government & Law Law Social Sciences
The authors argue that the U.S. Supreme Court's handling of the case concerning former President Donald Trump's potential disqualification from future office under Section Three of the Fourteenth Amendment failed to address the substantive constitutional issues. Topics discussed include analysis of what the Court did when deciding the case, and merits of the Court's holding that states lack power to enforce or apply the requirements of Section Three in conducting presidential elections.
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