October 15, 2024

12:00 pm - 1:00 pm, Central Time

Section 3 of the 14th Amendment through the lens of Section 2 of the 14th Amendment

University of Nebraska College of Law (McCollum Hall), room 111

Join ACS, MCLS, OUTLaw, and EJS for a lecture from Mark Graber on the 14th Amendment titled “Section 3 of the Fourteenth Amendment through the lens of Section 2 of the Fourteenth Amendment." This event is part of the Law and Democracy series.

Mark Graber is an eminent constitutional law scholar and political scientist at the University of Maryland. Professor Graber is one of the nation’s leading voices on the intersection of constitutional law and politics and on the Reconstruction Amendments. 

The Supreme Court in Trump v. Anderson interpreted the constitutional processes for implementing disqualification from national office set out in Section 3 of the Fourteenth Amendment through the lens of Section 1 of the Fourteenth Amendment, which the court described as restricting state autonomy. In this lecture, Professor Graber interprets the constitutional processes for implement disqualification from national office through the lens of Section 2 of the Fourteenth Amendment, which reconstructs both state and federal governments. Section Two was to the framers the most important provision of the Fourteenth Amendment. That amendment sought to create trustworthy state governments with an even more trustworthy federal government as a backup. Under Sections 2-3, states have the power to disqualify candidates for federal office, subject to a judicial check. A judicial check is appropriate only when states have violated the substance of Section 3 and Congress has abdicated its constitutional role.

This event has been approved for 1.0 CLE credit (including 1.0 ethics credit). Those seeking CLE credit can register here: https://marketplace.unl.edu/default/fourteenth2024.html