Historians vs. Trump, Revisited

History As It Happens

This is the follow-up episode to the one published on Feb. 6 previewing the oral arguments in the Colorado ballot case, Trump v. Anderson.

The U.S. Supreme Court ruled that a state may not disqualify a candidate for federal office under Section 3 of the 14th Amendment, whose Reconstruction-era framers sought to bar anyone from holding office who had violated their oath by engaging in insurrection. In doing so, the Supreme Court restored Donald J. Trump to the Colorado ballot. But the conservative majority also invented a rule that only Congress has the power to disqualify by passing legislation, something that has no constitutional basis. In this episode, University of Maryland constitutional scholar Mark Graber explains where the Supreme Court mangled U.S. history. Graber also provides a definition of insurrection based on his exhaustive research of centuries of relevant cases.