Can Trump Legally Be President?, with William Baude

The Supreme Court’s decision on whether Colorado can take former President Donald Trump off the ballot in the 2024 election may be one of the most consequential in its history. The case will turn on the court’s interpretation of Amendment 14, Section 3 of the Constitution, which bars any previous elected official from holding office if they participated in an insurrection. When making their case, Colorado followed the logic of a law review article co-authored last year (papers.ssrn.com/sol3/papers.c...) by University of Chicago Prof. William Baude. The article drew a ton of attention, in part because Baude is a conservative legal scholar and member of the Federalist Society.
As the Supreme Court begins oral arguments on Feb. 8, Baude joined Big Brains to make his case for why he thinks Section 3 applies to Trump. But this isn’t an episode about what should happen at the Supreme Court, it’s about what could happen. Whether you agree with Baude or not, understanding the legal theory behind his argument is crucial to understanding any decision that may come from the court. And, as we walk through the scholarship on Section 3, it’ll become clear that there are more than just two outcomes: on or off the ballot, but many outcomes…some with ramifications-including a possible constitutional crisis-all the way to Jan. 6, 2025.

[@UChicago]

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[@marlenederonde2717]

It wasn't an insurrection

[@declup]

It wasn't good, whatever it was. People were chasing and grappling with Capitol security -- that's not good. That's a violent unlawful riot at the very least.

[@declup]

It wasn't good, whatever it was. People were chasing and grappling with Capitol security -- that's not good. That's a violent unlawful riot at the very least.

[@declup]

It wasn't good, whatever it was. People were chasing and grappling with Capitol security --- that's not good. That's a violent unlawful riot at the very least.

[@NjorogeMathu]

Is this university of Chicago really?

[@gogogaga7441]

Short answer: yes.

[@Mehedihasanrabbi002]

I'm from Bangladesh ❤❤❤

[@blacksheepdog9810]

I live in chicago. I post videos in the university village all the time please subscribe! Me and my dog post videos walking through all chicago.

[@billjenkins2503]

No one to listen from anything from Chicago.

[@jameswick8358]

Shit I need to check back in and see what everybody says about this because last time I checked it’s dosent matter what we say or want 😂

[@Mehedihasanrabbi002]

And my dream university is "University Of Chicago "❤❤ One Day Inshallah I will be success and I'm 16 right now. My dream is I want to study in USA ❤😍 Please Response ❤

[@scottwinterroth]

Hey, have you ever thought about what could happen if Trump runs and wins again, but ends up getting kicked out by Congress? It's definitely a situation that could leave us in quite the pickle. What do you think about it?

[@Robert-fs6ge]

Then his vp would become president. I actually think Joe's in more trouble than Don

[@truthvfiction]

I think it takes a 2/3rds majority of Congressional senators to do this. I think it’s nearly impossible. Trump went through 2 false fake “impeachments” and both failed terribly.

[@truthvfiction]

@@Robert-fs6ge Me too.

[@gmx1100]

William Baude is what's known as a pseudointellectual

[@westeam4247]

not surprised the homosexual has a warped view of law. buddy said "it just is" no burden of proof required. lollll

[@westeam4247]

@doreeneclose6295 loll a true liberal with nothing to counter the point but feelings. proud black trump supporter on this side

[@big1boston]

Bread and circus ultimately a waste of tax money

[@big1boston]

Never forget why they do not teach platos republic. Because ends the same as he stated

[@big1boston]

You see symbols are a language all their own.

[@big1boston]

If you dont know the symbols then you wont ever understand what they meant.