Madison Cawthorn and the 14th Amendment
The Lawfare Podcast
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The Courts Have No Role in Section Three Disqualification Issues, Right?
There is a judicial history of courts ruling on section three disqualification issues, right? So to the extent that cawthorne is arguing that courts really have no role in this because congress has the exclusive authority, he's really arguing that a whole era of disqualification cases post civil war were onconstitution. Often it would be congress itself that would exclude somebody under section 3. And then a lot of the court cases involved state officials and special laws were passed that made it a crime for state officials to remain in office under this disqualification. Also, back then, people didn't have, you didn't have printed ballots. so this never came up in the context.
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