Civil Rights,
Government
Jun. 22, 2022
Invoking Section 3 of the Fourteenth Amendment
The Fourteenth Amendment, enacted in 1868 after the Civil War, includes a provision that has received relatively little attention in the last 150 years.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The three televised hearings of the House Committee on the January 6 insurrection present a damning case against Donald Trump and require that attention be focused on Section 3 of the Fourteenth Amendment. This provision precludes those who have assisted an insurrection from ever holding federal public office. The testimony and presentations at the hearings should leave no doubt that this is exactly what Trump did.
The Fourteenth Amendment...
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