Lawrence Lessig Argues that Fourteenth Amendment, Section 3, Does Not Apply to Donald Trump

Law professor Lawrence Lessig here writes that the 14th amendment, section 3, does not apply to former President Donald Trump.  He argues that “insurrection” is different from protest, even illegal protest.

He could have also argued that section 3 cannot be used to prevent any voter from voting for anyone the voter wishes to vote for; that instead it only relates to who can be sworn into the office.  But he did not make that argument.

He advocates that Congress exercise the power given to it in section 3, to declare by a two-thirds vote that Donald Trump is not barred from the presidency.  Thanks to HowAppealing for the link.


Comments

Lawrence Lessig Argues that Fourteenth Amendment, Section 3, Does Not Apply to Donald Trump — 14 Comments

  1. ONE MORE MORON PROF

    NO WONDER THE USA IS DE FACTO IN CIVIL WAR II –

    WITH UNEQUAL BALLOT ACCESS LAWS AND MINORITY RULE GERRYMANDERS.

    14-3 *DISABILITY* AFTER ANY CRIMINAL CONVICTION OF I/R — 18 USC 2383.

    2/3 CONGRESS CAN REMOVE SUCH *DISABILITY*.

  2. CONFEDS TREASON IN DIRECT ATTACK IN 1864 ON DC FROM NORTH [JUST NORTH OF CAPITOL BLDG] ???

    BY THEN THE MOST FORTIFIED AREA ON EARTH ???

  3. Lessig says that insurrection is an attempt to overthrow the government, but the Jan 6 people were not insurrectionists because they believed that they were trying to restore the legitimate government, not overthrow the government. And also, they would not be considered insurrectionists by the new government, if they had won.

    That’s a pretty weak argument.

  4. 1066- 1776 IN OLDE BRITLAND —

    MANY TREASONS, INSURRECTIONS AND REBELLIONS AGAINST THE BRIT TYRANT MONARCHS / OLIGARCHS —
    OFTEN WITH DEATH OF A MONARCH – NEW MONARCH/OLIGARCH GANG TRIES TO TAKE OVER

    GENERAL UPRISINGS ESP IN SCOTLAND AND IRELAND.

    SOME RESULTS – LEGIS BILLS/ACTS OF ATTAINER – MILITARY COURTS, HANGINGS / BEHEADINGS, CRUEL AND UNUSUAL PUNISHMENTS.
    —-
    NEW TYRANT MONARCHS / OLIGARCHS IN POST 1776 USA / STATES ???

    KEEP POOR / SLAVES UNDER TOTAL CONTROL ???

  5. DFR-

    AN I/R = ANY ACT/OMISSION NOT APPROVED BY THE POWERS THAT BE ???

    VOTING / NOT VOTING / DONATIONS / NO DONATIONS / ETC. ???

  6. The Israeli wall works. The Chinese wall worked for centuries. The German wall worked for decades. Walls work. We also need a new operation wetback.

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