Donald Trump Should be on the Ballot and Should Lose

I am posting this for my colleague at Northwestern, Steven Calabresi, who I think may be joining us in the future here at Volokh to post his commentaries for himself:

Donald Trump Should be on the Ballot and Should Lose

by Steven G. Calabresi

In a prior blog post, I argued that Donald Trump should be kept off the ballot for the 2024 presidential election because of the Insurrection Clause of Section 3 of the Fourteenth Amendment.  I have now changed my mind and have concluded that since Trump was not “an officer of the United States” on January 6, 2021, the Insurrection Clause does not…