repercussions for the election this year and also for the future of american democracy. it is arguably the most important election case to reach the supreme court since bush v gore nearly a quarter century ago. the question before the court is pretty simple actually. does section 3 of the 14th amendment, which bars, quote, an officer of the united states who, quote, engaged in insurrection from holding public office actually apply to the man who incited the january 6th riot, who tried to disrupt the peaceful transfer of power for the first time since the civil war. the colorado state supreme court has already ruled that, yes, trump should be barred from the ballot in that state based on the insurrection that he clearly engaged in. quote, president trump is disqualified from holding the office of president under section 3 because he is disqualified it would be a wrongful act under the election code for the secretary to list him as a candidate on the presidential primary ballot
Focusing on the debate over enumerated powers, this article challenges the unfounded assumptions of Federalist objectivity and Anti-Federalist irrelevance and models the historical method necessary to interpret the ratification debates rigorously.
Evan D. Bernick (Northern Illinois University - College of Law) & Jill Wieber Lens (University of Arkansas - School of Law) have posted Abortion, Original Public Meaning, and the Ambiguities of Pregnancy on SSRN. Here is the abstract: Relying on.