Professor Kalir Discusses Section 3 of the 14th Amendment with Business Insider

On Feb. 15, 2021, Business Insider published a piece discussing the possible application of Section 3 of the Fourteenth Amendment on former President Trump. In the interview, Professor Kalir discussed the historical, political, and legal background of Section 3.

Section 3 provides that “No person” may hold “any office” in the United States (or any state) if, having previously taken an oath to support the Constitution, they “engaged in insurrection or rebellion” against the United States, or gave “aid or comfort to the enemies thereof.”  

Professor Kalir opined that invoking the section today — more than a century after it was last applied — in an attempt to prevent a person from running to the office of President of the United States may raise several significant legal issues — including constitutional text, separation of powers, and precedent.

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