Sunday, January 23, 2022

Cawthorn, Insurrectionist

 Sen. Sam Erwin, Chair of the Watergate Committee, always carried around a copy of the Constitution.  I don’t go that far, but I keep one on my desk right next to the keyboard.  Let me quote Section 3 of the 14th Amendment.  

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.

It turns out that Rep. Madison Cawthorn from North Carolina is being challenged under this provision.  He was active in the run-up to the Jan. 6 insurrection.  Cawthorn has dismissed this as a political stunt, but the North Carolina Board of Elections is creating a five-members panel to investigate.  That is just the first step.


There are other members of Congress who may be caught up in the provisions of the 14th Amendment as well.  I am pretty sure that if they are found culpable, the Congress will not reach the 2/3rds vote to “remove such disability.”


See Harry Litman, “Disqualifying a Republican From Re-election,” New York Times, (Jan. 23, 2022), p. 2(SR).


P.S.  For all you gun nuts, there are quite a few amendments other than the 2nd.  Just saying.

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