Tuesday, September 05, 2023

Another 14th Amendment Panic

Gerard N. Magliocca

The Wall Street Journal has an editorial today entitled "The 14th Amendment Trump Panic" that argues against applying Section Three to his candidacy. The title is apt, though not for the reason that they give.

Constitutional law goes through recurring 14th Amendment panics. A panic sets in when people realize that faithfully applying the Fourteenth Amendment might overturn longstanding practice. We've seen this story with federalism, race, women's rights, marriage, and other subjects. The panic eventually abates, but not without costs. We will see what happens this time.


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