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15 Calif. L. Rev. Online 1 (2024)

handle is hein.journals/callro15 and id is 1 raw text is: Insurrection and Black Political Participation Brandon Hasbrouck* The Reconstruction Congress envisioned a comprehensive set of rights and structural protections in the Fourteenth Amendment to establish and preserve a multiracial democracy. The Fourteenth Amendment's third section, the Insurrection Clause, may seldom have been enforced in recent memory, but it remains a vital part of the Amendment's framework. The Insurrection Clause bars any state or federal government official who participates in a rebellion or insurrection after taking an oath to support the Constitution from serving in such a position again. In Trump v. Anderson, the Supreme Court was given a choice to either enforce the Insurrection Clause's protection ofBlackpolitical participation or condone insurrection. In keeping with its long tradition of anti-Black jurisprudence, the Court chose the latter. The slave went free; stood a brief moment in the sun; then moved back again toward slavery.' - W.E.B. Du Bois Introduction ................................................................................................2 I. Historical Context of the Fourteenth Amendment...................................3 II. The Legal Flaws of Trump v. Anderson.................................................6 III. The Cost of the Supreme Court's Failure to Protect Black People...8 Conclusion................................................................................................12 DOI: https://doi.org/10.15779/Z38J38KK3C Copyright © 2024 Brandon Hasbrouck. * Professor of Law and Director, Frances Lewis Law Center, Washington and Lee University School of Law. I want to thank my research assistants, Warren Buff and Jack Perryman, whose outstanding work made this project better. I am grateful for the extraordinary support of the Frances Lewis Law Center at the Washington and Lee University School of Law. Much love to the amazing editors at the California Law Review Online specifically Alexandra E. Gonzalez, Rebecca McCord, and Tiffaney Boyd, and to all the many first-year editors for their diligence in cite-checking and proofing. For my daughters. Black Lives Matter. 1. W.E.B. DUBois, BLACK RECONSTRUCTION IN AMERICA 30 (Free Press 1998) (1935). 1

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