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Reason
Reason
Will Baude

Section Three Is Not A "Political Question"

[Note:  This is the seventh in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first six essays can be found here, here, here, here, here, and here.]

Are questions of the proper legal interpretation and application of Section Three of the Fourteenth Amendment nonjusticiable "political questions" – that is, questions that federal courts lack legal power to decide?

The simple answer is no.

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