Constitutional Scholars Josh Blackman and Seth Barrett Tillman Argues that 14th Amendment, Section 3, Doesn’t Apply to Presidential Candidates

Posted on by September 19, 2023

Constitutional Law Professors Josh Blackman and Seth Barrett Tillman have published a scholarly paper that argues that the 14th amendment, section 3, does not apply to presidents or to candidates for president.  Use this link to see the paper.  The title is “Sweeping and forcing the President Into Section 3.”

Section 3 says, “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enmies thereof.”

Among other points, the article says that common word usage in the 19th century makes it clear that “any office” refers to appointed positions, not elected positions.  Thanks to ElectionLawBlog for the link.

At Reason, Steven Calabresi summarizes the points in the article and says he agrees.

Comments

Constitutional Scholars Josh Blackman and Seth Barrett Tillman Argues that 14th Amendment, Section 3, Doesn’t Apply to Presidential Candidates — 24 Comments

  1. I agree with Calabresi, among many other reasons this latest disparate attack against Trump is a nonstarter just like all the others.

  3. 2-1-8

    LOOK FOR *OFFICE* IN PREZ OATH

    SEE ALSO 6 CL 3 — NOOO RELIGIOUS TEST FOR ANY *OFFICE* UNDER THE U.S.

    TOOOOOOO MANY REALLY STUPID MORON NEW AGE LAW SKOOOOL PROFS TO COUNT — WITH THEIR COMMIE/FASCIST AGENDAS

  4. ALSO – IS A USA PREZ A 14-3 AMDT *MILITARY* OFFICER BY BEING MERE 2-2-1 COMMANDER-IN-CHIEF OF USA MILITARY FORCES ???

    ON TO THE NEXT MORON LAW SKOOOOL PROF LAW SKOOOOL JOURNAL ARTICLE.

  7. AGAIN – FOR NON-MORONS – ESP NON SUPER-MORON LAW SKOOOOL PROFS —–

    18 USC 2383 INSURRECTION/REBELLION CONVICTION >>> THEN 14-3 AMDT DISQUALIFICATION FOR SPECIFIED CURRENT/EX-OFFICERS

  8. ADD CALABRESI TO THE SUPER-MORON LIST.

    HOW MANY 14-3 CASES NOW OR VERY SHORTLY IN SCOTUS — ESP TO BYPASS ALL USA CTS OF APPEALS AND ALL STATE APPELLATE COURTS ???

  9. He seems super-smarter than super-moron AZ, who shows no signs of having read or understood his arguments.

  11. HOW MANY EX-PREZS LIVING IN 1861-1868 ???

    ANY OF THEM *ENGAGE* IN 14-3 I/R OF/BY THE CONFEDS IN 1861-1865 ???

  15. In any event, there are two separate issues here, under Amendment 14, Section 3:

    1. Whether or not a candidate can RUN for any office, and

    2. Whether or not a candidate can HOLD any office.

    The Amendment says NOTHING about whether or not a person may RUN for office, only about whether or not a candidate, once elected may HOLD an office.

    This is NOT an academic distinction. Given that the article defines how Congress may remove any such disqualification under Section 3, it is possible that a candidate, who, being considered disqualified under Section 3, could, nevertheless, get elected and have Congress remove his disqualification before he assumes office.

    Now, if it should happen that a disqualified candidate gets elected, and Congress FAILS to remove his disqualification, then the office is vacant, and the rules of succession apply to fill the office.

  16. There are many reasons why the 14-3 nonsense against Trump won’t fly, but will just blow up in the dumbfounded faces of the wiley coyotes who keep deploying ever more desperate schemes to try to stop him which predictably keep blowing up on them. Beep beep!

  17. WZ-

    ALL SORTS OF PERSONS AS CANDIDATES /*RUNNING* FOR OFFICES WHO LACK THE CONST/LAW QUALIFICATIONS FOR THE OFFICE.

    GOOD LUCK IN GETTING 2/3 FOR ANYTHING IN THE CURRENT GERRYMANDER CONGRESS.

    20-3 AMDT DEFAULT IF NO *QUALIFIED* PREZ/VP.

    SEE US CODE.

  21. Fake news. Trump isn’t missing in action. He’s the presumptive nominee, and does not need to lower himself by debating losers who are not on his level. He’s effectively moved on to the general election campaign, and will be giving a major speech in Detroit. Everyone will be listening to Trump and ignoring the lesser candidates showcase.

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