Confronting the Implications of Section Three

The article, The Sweep and Force of Section Three, was accepted for publication by the University of Pennsylvania Law Review in August 2023. Section Three of the Fourteenth Amendment disqualifies insurrectionists from holding office, and has implications for the 2020 presidential election. The article suggests that this disqualifies Donald J. Trump from running again in 2024 and has stirred interest and discussion. The Colorado Supreme Court and U.S. Supreme Court are reviewing the decision. Despite an extensive original manuscript, the authors have chosen to address some objections in a short series of blog post/essays. This led to a sense of resistance to the meaning of Section Three, especially from political objections to complying with the constitutional rules. They have not changed their core propositions and remain confident in the arguments made in the original manuscript.