Panel 3: Disqualification

Event: Presidents Beware: Investigations, Impeachment, Disqualification, and Prosecution
Location: Paul Brest Hall, Stanford University
Date: May 18, 2024
With the publication of Will Baude and Michael Stokes Paulsen’s law review article arguing that section 3 of the Fourteenth Amendment bars President Trump from holding office because of his engagement in an insurrection, presidential disqualification has been a live topic this election cycle, resulting in litigation that is currently ongoing. Building on the conversation they started, this panel steps back to evaluate the historical grounding and precedents for disqualification more generally. What was the intent behind and structural design of the Founders’ various disqualification rules for the presidency? How have those rules been applied over time? What are the merits of the legal arguments in the current litigation over Trump’s disqualification? What are the prudential concerns about removing a popular frontrunner from the ballot or letting someone who arguably participated in an insurrection run for the highest office?
Moderator: Jane S. Schacter, Stanford Law School
Panelists:
Mark Graber
Kurt Lash
Derek T. Muller