Challenging Section 3: A Response to Keisler, Bernstein, and Luttig

This article co-authored by Professor Seth Barrett Tillman and Michael Luttig delves into the debate surrounding Trump’s eligibility for the ballot. The article responds to claims made in the Supreme Court and challenges Keisler and Bernstein’s position that the words appoint and elect are used interchangeably in the Constitution’s Sinecure Clause. The argument explores the intricate meanings of appoint and elect and analyzes historical debates from the First Congress to support the position that these terms are not interchangeable within the Constitution. Additionally, the policy concern of strategically increasing the next President’s salary to disqualify sitting Senators from the White House is discussed, highlighting potential vulnerabilities in today’s political system. The article addresses the complexities of the issue and presents alternative perspectives on key arguments made by the Respondents.