Scholarship@WashULaw
The Fifteenth Amendment’s Relevance to Trump v. Anderson
Document Type
Blog Posting
Language
English (en)
Publication Date
2024
Publication Title
Election Law Blog
Abstract
One of the many issues in Trump v. Anderson is whether Section Three of the Fourteenth Amendment applies today or whether it’s “insurrection or rebellion” language was backward looking and thus limited to the Civil War. As Will Baude and Michael Stokes Paulsen point out in their voluminous account of Section Three, the Thirty-Ninth Congress rejected language that would have limited Section Three to the “late insurrection.” The Fifteenth Amendment’s drafting reveals that the Reconstruction Framers confronted a similar question about past vs. future rebellions.
Keywords
Fifteenth Amendment, Trump v. Anderson, Section Three, Fourteenth Amendment, Reconstruction, Insurrection, Disenfranchisement, Constitutional Interpretation, Election Law
Publication Citation
Travis Crum, The Fifteenth Amendment’s Relevance to Trump v. Anderson, Election Law Blog (Feb. 5, 2024), https://electionlawblog.org/?p=141101
Repository Citation
Crum, Travis, "The Fifteenth Amendment’s Relevance to Trump v. Anderson" (2024). Scholarship@WashULaw. 749.
https://openscholarship.wustl.edu/law_scholarship/749