Trump v. Anderson (23-719)
argument 23-719Trump v. Anderson
Supreme Court of the United States
2h 9m
8 speakers
8 chapters
transcribed 7 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What does Section 3 of the Fourteenth Amendment say about disqualifying a president?
We'll hear argument this morning in case twenty three seven nineteen, Trump versus Anderson.
Mr Mitchell? Mr Chief Justice, and may it please the Court. The Colorado Supreme Court held that President Donald J. Trump is constitutionally disqualified from serving as President under Section three of the Fourteenth Amendment. The Colorado Supreme Court's decision is wrong and should be reversed for numerous independent reasons. The first reason is that President Trump is not covered by Section three because the President is not an officer of the United States, as that term is used throughout the Constitution. Officer of the United States refers only to appointed officials and it does not encompass elected individuals such as the President or members of Congress. This is clear from the Commission's clause.
the impeachment clause and the appointments clause, each of which uses officers of the United States to refer only to appointed and not elected officials. The second reason is that Section three cannot be used to exclude a presidential candidate from the ballot, even if that candidate is disqualified from serving as President under Section three. because Congress can lift that disability after the candidate is elected, but before he takes office. A state cannot exclude any candidate for Federal Office from the ballot on account of Section three. and any state that does so is violating the holding of term limits by altering the Constitution's qualifications for Federal office. The Colorado Supreme Court's decision is no different from a state residency law that requires members of Congress to inhabit the state prior to Election Day.
when the Constitution requires only that members of Congress inhabit the state that they represent when elected. In both situations. A state is accelerating the deadline to meet a constitutionally imposed qualification. And is thereby violating the holding of term limits. And in this situation, a ruling from this court that affirms the decision below would not only violate term limits. but take away the votes of potentially tens of millions of Americans. I welcome the Court's questions.
Uh Mr. Mitchell, would you uh uh you didn't uh uh spend much time uh on your argument with respect to whether or not Section three is self-executing. So would you address that? And and in doing that Uh Your argument is that it's not self executing, but then in that case what would the role of the state be? Uh uh or is it entirely up to Congress to implement uh the disqualification requ uh in section three?
It is entirely up to Congress, Justice Thomas. And our argument goes beyond actually saying that Section III is non-self executing. We need to say something more than that, because a non-self-executing treaty or a non-self-executing constitutional provision normally can still be enforced by a State if it chooses to enact legislation. The holding of Griffin's case goes beyond even that, by saying that a State is not allowed to implement or enforce Section three of the Fourteenth Amendment, unless and until Congress enacts implementing legislation allowing it to do so. So under Griffin's case, which we believe is correctly decided, the Anderson litigants disagree with us on that point. But if this Court were to adhere to the holding of Griffin's case, there would not be any role for the States in enforcing Section three unless Congress were to enact a statute that gives them that authority.
Council. Um Um what if somebody came in to a state Secretary of State's office and said, um I took the oath specified in Section three, I participated in an insurrection, um uh and uh I want to be on the ballot. Can the sec does the Secretary of State have the authority in that situation to say no? You're
Disqualified? No, the Secretary of State could not do that consistent with term limits. Because even if the candidate is an admitted insurrectionist, Section 3 still allows the candidate to run for office and even win election to office, and then see whether Congress lifts that disability after the election.
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Chapters
8 chapters
1
What does Section 3 of the Fourteenth Amendment say about disqualifying a president?
0:00–14:34
2
How do the parties argue whether the President is an “officer” or an “office” under the Constitution?
14:34–30:10
3
Why is the Griffin case pivotal for deciding who can enforce Section 3?
30:10–44:36
4
Can a state’s Secretary of State exclude a presidential candidate from the ballot?
44:36–1:00:17
5
What role does Congress play in implementing or preempting Section 3 enforcement?
1:00:17–1:18:26
6
Does a candidate have a due‑process right to challenge ballot exclusion under Section 3?
1:18:26–1:35:57
7
How might the Court’s decision affect the uniformity of presidential elections across states?
1:35:57–1:52:19
8
What are the broader democratic implications of allowing or forbidding state enforcement of Section 3?
1:52:19–2:09:04