“It was not intended as punishment. This was simply adding another qualification because of the events that had occurred.”
, an Indiana University law professor, submitted a draft law review article on Section 3 of the 14th Amendment for publication in December 2020, few in the world of constitutional law could have anticipated just how relevant it would become a short time later.on November 1, there was virtually no modern scholarship on the interpretation and application of Section 3, a post-Civil War provision that bars anyone who took an oath to support the U.S.
“The violent mob that carried the Confederate flag into the Capitol, an invasion that Robert E.
One argument made by Trump’s legal team concerns the 1872 presidential campaign of Democrat Horace Greeley, who was accused of disloyalty to the Union but never faced any suggestion that he would be disqualified from office under Section 3. Magliocca said the example of Greeley’s candidacy is irrelevant, since he was a former Republican from New York who had been a loyal ally of the Lincoln administration during the war.
“Of the draft papers that have considered the question — there aren’t that many — their position so far is in the minority,” he said.
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