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The primary topic is about Section 3 of the Fourteenth Amendment, which bars individuals who have engaged in insurrection or rebellion from holding federal or state office. The topic includes the historical practice, recent Supreme Court guidance, and the role of Congress in enforcing this ban.
Three different legal regimes in U.S. law bear on the word “insurrection”: the criminal offense in 18 U.S.C. § 2383, the executive-deployment framework of the Insurrection Act of 1807, and the disqual...
Section 3 of the Fourteenth Amendment—known as the Disqualification or Insurrection Clause—was born of Reconstruction to bar persons who had sworn to support the Constitution and then engaged in insur...
of the Fourteenth Amendment bars anyone who, after swearing an official oath, “engaged in insurrection or rebellion” or gave “aid or comfort” to enemies from holding federal or state office, but the m...