A Section Three Disqualification
One of the lingering issues arising from the events of January 6, 2021 has been whether it would resuscitate the little used Section Three of the Fourteenth Amendment. Section Three provides:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The January 6th riot has been called an “insurrection” at various points, including in the second House impeachment of President Donald Trump. There has been a fair amount of interest in making use of Section Three to disqualify various participants in that riot from holding future public office.
Of course, the big target here is Donald Trump himself. There are many challenges to using Section Three to disqualify Trump from being inaugurated for a second term as president, but the legal theories are being tested on some smaller fish.
Representative Madison Cawthorn battled a ballot challenge on a Section Three argument in North Carolina, but his failure to win his primary election largely ended that challenge. The Fourth Circuit did address a limited set of issues in that case.
Today a judge in New Mexico gave the advocates of Section Three their first serious victory. This was a much easier case than the Cawthorn challenge or any possible Trump chall
Article from Latest