Search for: "Officer Paulsen"
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4 Feb 2024, 6:29 pm
Ohio apply to the Section 3 question, and that such incitement was a form of “engaging in” the violent insurrection itself—conduct that disqualifies Trump from serving in any future covered federal or state office, including the presidency. [read post]
4 Feb 2024, 1:01 pm
Justice Scalia erred in asserting that congressional presiding officers are "officers of the United States. [read post]
3 Feb 2024, 9:52 am
” If the presidency isn’t an office of the United States, of what sovereignty is it an office? [read post]
27 Jan 2024, 7:54 pm
See Baude & Paulsen at 107. [read post]
22 Jan 2024, 10:55 am
I have not been deep in the weeds of the arguments about Section 3 of the Fourteenth Amendment, unlike my constitutional law casebook coauthors: Mike Paulsen, Michael McConnell, and Will Baude. [read post]
9 Jan 2024, 9:01 pm
" Thus even if the presidency is an "officer" because he holds an "office," it does not follow that he is an "officer of the United States. [read post]
5 Jan 2024, 6:06 am
By contrast, Congress has twice acted to remove the disqualification for office from individuals covered by Section 3, once in 1872 and once in 1898 (Baude and Paulsen: 2024). [read post]
4 Jan 2024, 12:50 pm
The Articles of Confederation used the phrase "office . . . under the United States" in two provisions, but it did not use the phrase "Officers of the United States. [read post]
3 Jan 2024, 7:09 am
, The Guardian (Dec. 29, 2023) Judge Luttig: Trump eligibility case ‘tests America’s commitment to its own democracy’, MSNBC (Dec. 23, 2023) Adam Liptak, An About-Face on Whether the 14th Amendment Bars Trump From Office, New York Times (Sept. 18, 2023) Noah Feldman, Alas, Trump Is Still Eligible to Run for Office, Bloomberg (Aug. 20, 2023) Baude, William and Paulsen, Michael Stokes, The Sweep and Force of Section Three (August 9, 2023). [read post]
29 Dec 2023, 9:32 am
" And, Tillman and I have explained, in the Constitution of 1788 and Section 3, the phrase "Officers of the United States" does not include elected officials. *** Natelson responds to the charge from the Colorado Supreme Court, and Professors Baude and Paulsen, that the Blackman/Tillman position amounts to a "secret code. [read post]
28 Dec 2023, 10:40 am
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]
21 Dec 2023, 9:02 pm
If it takes action by a super-majority of Congress to enable an insurrectionist to hold office, then the default constitutional setting prior to Congressional action is ineligibility. [read post]
21 Dec 2023, 8:26 pm
Paulsen's conclusions. [read post]
8 Dec 2023, 7:54 am
Indeed, some prominent originalists, including Professors Baude and Paulsen, have quickly jumped ship. [read post]
25 Oct 2023, 4:30 am
And as they point out, elsewhere the Constitution uses the term "officer" in ways that suggest that the Presidency is not an office. [read post]
19 Oct 2023, 9:01 pm
Tribe and Luttig draw heavily on the analysis of Section 3 by two highly regarded conservative law professors, William Baude and Michael Stokes Paulsen that is contained in a law review article to be published next year in the University of Pennsylvania Law Review.Baude and Paulsen contend that Section 3 is crystal clear and means precisely what it says: “No person shall … hold any office … under the United States… [who] shall have engaged in… [read post]
18 Oct 2023, 8:00 am
2) Is the Presidency an office of the United States for purposes of Section 3? [read post]
6 Oct 2023, 3:53 pm
Lash's article responds to recent publications by Will Baude and Mike Paulsen, Mark Graber, Gerard Magliocca, and others. [read post]
18 Sep 2023, 3:44 pm
In August, two prominent legal scholars who are members of the conservative judicial group the Federalist Society, William Baude and Michael Stokes Paulsen, suggested that Section Three of the Fourteenth Amendment clearly bars Trump from running for reelection. [read post]
16 Sep 2023, 2:47 pm
Will Baude and Michael Stokes Paulsen provide additional evidence to this effect in their important article on Trump and Section 3, which jump-started this entire debate. [read post]
