Politics

State Enforcement of Section Three Disqualification: What McConnell Gets Right on Trump v. Anderson and Why He’s Still Wrong

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The debate surrounding the enforcement of Section Three of the Fourteenth Amendment has gained renewed attention following the Supreme Court’s decision in Trump v. Anderson. This case has significant implications for how states can enforce disqualifications from holding federal office. Leading legal scholars, including Professor Michael McConnell, have offered various interpretations of the ruling, examining both its textual and historical bases. While McConnell raises valid points regarding the Court’s reasoning, his conclusions about the broader implications of the ruling warrant further scrutiny. Understanding McConnell’s Perspective Professor McConnell’s analysis of the Court’s decision highlights several critical … Read more

Being a Justice Doesn’t Make You a Policy Expert

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The role of justices in the American judicial system has evolved significantly, particularly concerning their influence on policy-making. Despite their legal expertise, there is a growing concern about the adequacy of their understanding of complex policy issues. This disconnect raises important questions about the appropriateness of their involvement in shaping policy, given their primary function is to interpret the law rather than to create it. The Historical Context of Lawyers in Governance Historically, lawyers have played a prominent role in the formation of American governance. At the Constitutional Convention in 1787, nearly two-thirds of the … Read more