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8 Feb 2024, 3:45 pm by Steven Calabresi
 This is dispositive proof that the Presidency is also not an "office *** under the United States" for the purposes of Section 3 of the Fourteenth Amendment.The post Offices Under the United States and the Oral Argument in Trump v. [read post]
8 Feb 2024, 2:35 pm by Yosi Yahoudai
“It’s by the chief justice of the United States a year after the 14th Amendment,” Kavanaugh said in a reference to Chase. [read post]
7 Feb 2024, 7:47 pm by Josh Blackman
New York District Attorney Bragg Argues That President Trump Was Not An "Officer Of The United States" (5/31/23). [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
  Colorado isn’t even trying to prevent Colorado’s presidential electors from casting their electoral votes for Donald Trump if he wins the popular vote in Colorado in November, nor (as I’ve explained earlier) has it asserted any state law authority to exclude Trump from the Colorado general election ballot (something that Colorado law does not appear to authorize). [read post]
5 Feb 2024, 5:05 am by Will Baude
§2383, which covers participation in rebellion or insurrection, and which provides that those found guilty "shall be incapable of holding any office under the United States. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
Specifically, it concluded, the presidency is not an “office … under the United States,” and the president is not an “officer of the United States. [read post]