E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Talking Frogs, Presidential Disqualifications, and other Unprecedented Choices.
Mark Graber
Several talking frogs hop into a voting precinct and ask for a ballot. The frogs produce documentation demonstrating that they were born human beings, were cursed by an evil genie, and will be transformed back into human form only when kissed by a contented first year law student (hard to find). The documentation demonstrates the frogs meet age and residency requirements.
One election worker says, “We have never allowed a talking frog to vote
before.” Another responds, “We have
never not allowed a talking frog not to vote before.”
Donald Trump is our national talking frog. He presents unique constitutional problems by poses unique and unprecedented challenges to American constitutional democracy. Many people truthfully say, “we have never disqualified
a presidential candidate before under Section Three of the Fourteenth Amendment.” The proper response is, “we have never not disqualified under Section Three of the Fourteenth Amendment a candidate who egged
on a mob to violently attack Congress.” Any decision that states, the Supreme Court, Congress, and voters make is and will be unprecedented. Arguments that we should do what we have always done with candidates such as Trump are for this reason unavailing. All Americans can do is choose the option they believe constitutionally
best.