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Andrew Tobias
Andrew Tobias

Money and Other Subjects

More Right-Wing Thinking Worth A Listen

August 11, 2023August 10, 2023

Yesterday, a conservative judge and a double-Trump voter who stormed the Capitol.

Today, two conservative law professors active in the Federalist Society (whence all Trump’s judges were sourced).


Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning.

The professors — William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas — studied the question for more than a year and detailed their findings in a long article to be published next year in The University of Pennsylvania Law Review.

“When we started out, neither of us was sure what the answer was,” Professor Baude said. “People were talking about this provision of the Constitution. We thought: ‘We’re constitutional scholars, and this is an important constitutional question. We ought to figure out what’s really going on here.’ And the more we dug into it, the more we realized that we had something to add.”

He summarized the article’s conclusion: “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.” . . .

Steven G. Calabresi, a law professor at Northwestern and Yale and a founder of the Federalist Society, called the article “a tour de force.”

. . . “Trump is ineligible to be on the ballot, and each of the 50 state secretaries of state has an obligation to print ballots without his name on them,” he said, adding that they may be sued for refusing to do so.




If you’re more interested in cash than coups, here’s a juicy piece on the WeWork fiasco that doesn’t speak well of Wall Street.  “Trust No One,” as Chapter 4 of a certain book has been titled through each new edition; sadly, as true now as ever.



Have a great weekend.

 

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