Section 3 of the 14th Amendment
33m
·
Lawyer 2 Lawyer
·
With primaries set to start in spring of 2024, an upcoming presidential election, and a number of federal & state indictments against former President Trump, including the January 6th indictment, section 3 of the 14th amendment has taken center stage. It reads "no person who has taken an oath as an officer of the United States can hold office if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”.So, will Section 3 of the 14th Amendment actually impact the presidential election and eliminate Donald Trump from the running? In this episode, host Craig Williams is joined by guest Ron Fein, the Legal Director for Free Speech For People. as they spotlight Section 3 and what this could mean for the upcoming presidential election. Mentioned in this Episode: The Sweep and Force of Section 3 by William Baude and Michael Stokes Paulsen The Constitution Prohibits Trump From Ever Being President Again by J. Michael Luttig and Laurence H. Tribe Conservative Case Emerges to Disqualify Trump for Role on Jan. 6 by Adam Liptak The 14Point3 Campaign Trump is Disqualified
The episode Section 3 of the 14th Amendment from the podcast Lawyer 2 Lawyer has a duration of
33:41. It was first published
More episodes from Lawyer 2 Lawyer
Civil Forfeiture in Culley v. Marshall
Under the 14th Amendment, "No state shall...deprive any person of...property, without due process of law." This principle was at the heart of the matter of the 2023 Supreme Court case of Culley v. Marshall, in which two women had respectively loaned their cars to others only to have the cars seized under an Alabama civil forfeiture law following each lendee's arrest for drug offenses. The petitioners claimed that, absent a preliminary hearing, their 14th Amendment rights had been violated. Justice Kavanagh wrote for the majority stating that “In civil forfeiture cases, the Due Process Clause requires a timely forfeiture hearing, but does not require a separate preliminary hearing.” In this episode, Craig is joined by Attorney Kirby Thomas Westfrom the Institute for Justice to discuss the recent SCOTUS decision in Culley v. Marshall. Craig & Kirby spotlight civil forfeiture and the potential impact of this ruling.
The Reclassification of Marijuana
In April of 2024, the United States Drug Enforcement Agency recently announced that they are proceeding with reclassifying marijuana as a less dangerous drug. The Justice Department proposal would move marijuana from the “Schedule I” group which includes heroin, LSD, quaaludes and ecstasy to “Schedule III” which includes ketamine and some anabolic steroids. In this episode, Craig is joined by professor Robert Mikos from Vanderbilt University Law School to discuss the proposed reclassification of marijuana. Craig & Rob take a look at the history of the war on drugs, cannabis law, and what constitutional right an individual has when it comes to drug use.
The Importance of Jury Selection in Trump’s Criminal Cases
One of former President Trump’s criminal cases, the hush money trial, is currently underway in a New York City courtroom. Jury selection for this case was a lengthy and controversial process which included Trump’s lawyers scrutinizing potential jurors’ social media, Judge Merchan giving Trump a warning for reacting to a potential juror in court, and the dismissal of one seated juror due to their concerns over the intense media coverage of the trial. In this episode, Craig is joined by Betty L. Dunkum, Esq., Founder and Chief Executive Officer of Victory Trial Consulting, as they spotlight jury selection. Craig & Betty discuss the process, strategy, and what attorneys should look for in a juror.
The Baltimore Bridge Collapse: Admiralty Law, Liability, & Litigation
In the early morning hours ofMarch 26, 2024, Baltimore’s Francis Scott Key Bridge collapsed after a Singapore-based cargo ship named the Dali, lost power and hit the bridge's pillar. According to officials, eight people were on the bridge that morning when it fell: two were rescued, two bodies were recovered, and four are presumed dead. Crew members on the Dali were all safe. In this episode, Craig is joined by LSU law professor and LSU President Emeritus, Tom Galligan, as they spotlight the Baltimore bridge collapse. Craig & Tom explore the incident through the lens of admiralty law, liability, litigation, impact, and how to prevent future disasters involving vessels.
Trump & His Appeal Bond
In a ruling on Monday, March 25th, 2024,the New York appeals court gave Trump a major victory, cutting the bond needed in his civil fraud case from $464 million to $175 million, and also affording him an extra 10 days to find the money. In this episode, Craig is joined by Will Thomas, Assistant Professor of Business Law at the Stephen M. Ross School of Business at the University of Michigan, as they discuss former president Trump's current legal and financial issues. Craig & Will take a look at this recent ruling on the $464 million judgment, specifics on the inability to secure a bond, and what next steps will be taken to retrieve payment from Trump.