Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution
Their amicus brief endorses the view that members of state legislatures are officers. They took the exact opposite position in 1995 and in subsequent publications.
Three Events on Section 3 in Boston
A debate, a panel, and a lecture.
Overview of Amicus Briefs Supporting Petitioner in Trump v. Griswold
About 30 amicus briefs were filed to reverse the Colorado Supreme Court’s ruling that disqualified President Trump from the ballot.
Blackman & Baude Debate Section 3 in Chicago
A civil and insightful exchange at the Union League Club.
Podcasts on Section 3
National Constitution Center and SCOTUS 101
Louisville Daily Journal (April 1868): The President is not an "Officer of the United States"
A new source in the debate over Section 3 of the Fourteenth Amendment.
Amicus Brief Filed in Trump v. Griswold On Behalf of Professor Seth Barrett Tillman
"By contrast, a holding that the President is not an 'Officer of the United States' would authoritatively resolve the Section 3 case against the Petitioner. In that event, it will be the people, and not judges, or state officials, or Congress, who will decide."
A New, Rushed, Flawed Article In The Section 3 Debate
Scholars and lawyers should exercise caution before citing a new paper by James Heilpern and Michael T. Worley
Heritage 2024 Judicial Clerkship Training Academy
The application deadline for incoming law clerks is January 22, 2024.
Natelson on the Offices and Officers of the Constitution in 1788 and 1868
"Mr. Tillman has been joined by another legal scholar, Josh Blackman. Together, they have tried to reconstruct the meanings of all these words and phrases."