The 14th Amendment Invoked: Republicans to be Disqualified en Masse

by Eli Mshomi

Republicans who supported Donald Trump in the aftermath of the January 6 insurrection are in hot water, as a whole slate of them are vulnerable to being disqualified. 

Currently, lawyers are working to disqualify Congressman Madison Cawthorn of North Carolina from the office for his support of the former president’s big lie and cheering the January 6 assault on Capitol Hill.

It can set a precedent for legal authorities to disqualify other lawmakers as well who endorsed attacks on Capitol Hill.

Although a House Select Committee is unable to prosecute anyone involved in the deadly incident, the North Carolina case is likely to land in court and make Republicans worry.

Lawyers of the case have stated that insurrectionists who violated their oath under the constitution of the United States should not be able to serve in legislature anymore.

John Wallace, one of the lawyers, opined that proving yourself not an insurrectionist is an easy task, except for the likes of Cawthorn, who is having a tough time in doing so.

Most of the time, the election board judges candidates based on their age, residency, citizenship, and place of birth.

However, if Madison is penalized, this can increase the responsibilities of electoral boards, which will have another factor to check before approving any candidate.

What is the n Third Section of the 14th Amendment?

Adopted in the Reconstruction era, the third section of the 14th Amendment is being used by legal experts to disqualify Madison Cawthorn.

According to this section, any member who has been involved in an insurrection against the United States Constitution will not be able to serve as senator, congressperson, officer, judge, or president of the United States.

While Cawthorn, the first-term Congressman, has denied the allegations and dismissed the case, he has retained conservative lawyers to defend his bid.

This case is important for numerous reasons. If Cawthorn is found as “insurrectionist,” other Republicans who bandwagon Trump can face the music as well. Included among them are Marjorie Greene, Mo Brooks, Paul Gosar, and Lauren Boebert, all of whom are brash supporters of Donald Trump.

The last time this amendment was invoked was in 1920 when Rep. Victor L. Berger was denied Congressional membership from Wisconsin when he criticized American involvement in the First World War.

Madison Cawthorn Case: He Ignited Violence After January 6

The case against Cawthorn could be a strong one. While speaking to a conservative gathering, he encouraged his audience to call their congressmen and “threaten them.” 

Similarly, he mentioned that “It’s time to fight” and established that the democracy of America is dependent on the actions of a few people, referring to those involved in the protests.

Once police started making arrests, Cawthorn claimed that these people were the “political hostages” and “political prisoners.”

Further supporting violence, the Congressman opined that if the elections of the United States continue to be rigged, it will lead the country toward “bloodshed.”

With North Carolina’s Republican primary awaiting in June, it can be a lethal blow for Cawthorn’s campaign if things go south for him.

This is a winning opportunity for Democrats as they already have access to January 6 documents, so it will complement their investigation.

It will not only motivate the House committee to speed up their investigations but also broaden their perspective of who can be tried for the Capitol Hill attacks.

 

Final Thoughts

If he is found guilty of being an “insurrectionist,” suing others would be an easy task, and this would also impact Trump’s ability to go for reelection in 2024.

While having Trump as his opponent may be an ideal situation for Biden due to his dipping popularity since the January 6 attack, Trump’s name not on the ballot paper will be a winning situation for the democracy of the country.

Democrats should pursue the case religiously and make everyone accountable who has blood on their hands for the deadly events of January 6.

What’s your Reaction?
+1
1
+1
0
+1
0
+1
0
+1
0
+1
0
+1
0

You may also like

Our independent journalism is a powerful tool to spark social debate about US politics, social and racial injustices, foreign affairs, and human rights across the world.

Contact Us

© 2021 – Mshomi L.L.C – All rights reserved