The oral argument in the present day in Trump v. Anderson strongly suggests a Trump victory on the grounds superior heroically by Josh Blackman and Seth Barrett Tillman. Many kudos to them each for the lengthy and profitable marketing campaign that they’ve waged. The Court docket will doubtless reverse the Colorado Supreme Court docket based mostly on Griffin’s Case, the absence of congressional laws imposing Part 3, and the prudential and pragmatic arguments made in Part 3 of the Transient signed by Attorneys Normal Edwin Meese III, Michael B. Mukasey, and William P. Barr, in addition to by me and Gary Lawson.
Justices Ketanji Brown Jackson and Neil Gorsuch made a valiant however unsuccessful try to get Trump’s legal professional to deal with the opposite believable off ramp for the Supreme Court docket on this case, which is the argument that Part 3 doesn’t apply to the President of america. They supplied definitions of the phrase “officer of america” and of the phrase “workplace” and of the phrase “officer”, however they by no means pressured Trump’s terrible lawyer to say something in regards to the which means of the phrase “workplace *** beneath america“, which language seems in precisely that formulation in each Part 3 of the Fourteenth Modification and within the Incompatibility Clause.
If the presidency is an “workplace *** beneath america” that covers Donald Trump beneath Part 3, of the Fourteenth Modification, then it has to even be an “Workplace beneath america” for the needs of the Incompatibility Clause, which bars Members of Congress from holding any “Workplace beneath america.” That will imply that the Presidential Succession Act of 1947 is unconstitutional as a result of it permits both the Speaker of the Home of Representatives or the President Professional Tempore of the Senate to serve concurrently as a Member of both Home and to carry the Presidency within the absence of each a President and a Vice President, which Presidency is wrongly mentioned to be an “Workplace beneath america”.
The Founding Fathers included legislative officers within the line of succession to the President, in 1792, within the Second Congress, during which many framers of the Structure sat. President George Washington signed the 1792 Presidential Succession Act into regulation disregarding a grievance by Rep. James Madison that legislative officers couldn’t be put within the line of succession to the Presidency as a result of doing so would violate the Incompatibility Clause. President Washington and the Framers within the second Congress didn’t assume that the Presidency was an “Workplace beneath america” for the needs of the Incompatibility Clause. That is dispositive proof that the Presidency can be not an “workplace *** beneath america” for the needs of Part 3 of the Fourteenth Modification.