What is the condition for disqualification from the Fourteenth Amendment?

A New Mexico judge this week ruled that a county commissioner be removed from office because he participated in the January 6, 2021 attack on the U.S. Capitol.

in demand Otero County Commissioner Koi Griffin removed from office, the judge cited a section of the Fourteenth Amendment excluding any elected official “who, having previously taken an oath…to uphold the Constitution of the United States,” “thereafter engages in rebellion or rebellion against him, or renders aid or relief to his enemies.” The advocacy group that filed the suit is also considering trying to use it to disqualify former President Donald Trump from the 2024 presidential contest, according to The New York Times.

The disqualification clause, as it is sometimes called, was written in the post-Civil War Reconstruction era, a brief period when Radical Republicans—some of the most progressive lawmakers in American history—had a majority and were intent on stopping top office. Confederate traitors to return to public office.

The amendment does not specify who is supposed to implement it, so the responsibility lies with different actors. Griffins were disqualified in court, but historically, Congress itself has sometimes taken votes to prevent elected members from sitting.

Two of those cases highlight inconsistent application of the clause: the last time it was used successfully, nearly a century ago, against anti-war lawmaker Victor Berger (who, by any standard definition, was not a rebel), and when it was applied against the former. Confederate Zebulun Vance – who, like Berger, was allowed to return to the Waltz after the political winds turned in his favour.

Vance grew up in a well-knit family that was struggling financially but still enslaved more than a dozen people. After law school, he rose through the political ranks, first in the state Senate and eventually as the youngest member of the 36th Congress, representing Asheville and its surrounding areas.

Representative Madison Cawthorne (RN. eviction As discussed after Cawthorne Lost his primary in May.)

As the march escalated toward the Civil War, Vance initially opposed secession but eventually served in the Confederate Army. He also served as the Confederate governor of North Carolina.

After the war, in 1870, he was appointed senator from North Carolina, but the Senate rejected his appointment, citing the Fourteenth Amendment. After spending two years in Washington trying to get a pardon, he gave up.

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But only a few years later, Washington was granting pardons like candy, defeating the entire purpose of the clause. Vance took his title in 1875 and was elected to the Senate three years later. He was not satisfied with serving until his death in 1894; In a sense, it still exists today: the statue of Vance stands National Statuary Hall In the United States Capitol, a 1916 gift from North Carolina that Congress cannot legally remove unless the state decides to replace it.

Burger had a completely different story, although he ended up in the same pickle as Vance. Born to a Jewish family in the Austrian Empire, he immigrated to the United States as a young man in 1878. He became a successful Milwaukee publisher of English and German newspapers.

Berger was a leading voice for the “sewage socialists,” who believed in the possibility of achieving socialist goals through elections and good governance, and no necessity for violent revolution. Today we call it the “Roads and Bridges” platform. At the time, she was working on city-owned sewage and clean water.

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Berger served one term in Congress—the first member of the Socialist Party—from 1911 to 1913, and the point was when he introduced the first old-age pension bill. (Nowadays we call that Social Security.) He did not win reelection, but remained active in politics and publishing in Wisconsin.

Then the First World War began, and with it came the first Red Panic. Berger was against the war and said so in his editorials, and in 1918 it was enough to charge him with “disloyal acts” under the Espionage Act. He was running for Congress again while he was indicted, and soon after winning the election in November, he was convicted and sentenced to 20 years in federal prison.

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During the appeal, Berger appeared in Washington to take the oath. The House of Representatives refused to appoint him to a seat vote of 309-1, saying that his words “offered aid or relief” to the nation’s enemies, and was thus barred by the Fourteenth Amendment.

In December 1919, he ran a special election to replace himself, and incredibly won. The house rejected him again. In 1921, the Supreme Court overturned Berger’s conviction, and he returned unfettered to Congress in 1922, serving three terms, pushing legislation to suppress lynching. End ban.

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