Amendment XIV Section 3  by Tom Reynolds

The Democrats were sharpening their “Impeach Trump” knives, even before the election.  Perhaps they should pause a bit, since the U S Constitution cuts both ways.

Section 3 of Amendment XIV to the United States’ Constitution says:

“No person shall be a Senator or Representative in Congress…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. “ (Emphasis added)

In plain English, if you swore an oath to support the Constitution, and then you engaged in insurrection or rebellion against the United States, or you gave aid or comfort to its enemies, you are disqualified from being a US Senator or Representative.

It is a constitutional qualification rule. Like the age requirement for the presidency, it sets eligibility conditions for officeholding.

Section 3 only applies to those who previously took an oath to support the U.S. Constitution as:

• a member of Congress,

• an officer of the United States,

• a member of a state legislature, or

• an executive or judicial officer of a state.

• Insurrection or rebellion” (and whether it requires violence, organized force, intent, or proximity), and

• “Aid or comfort” (and whether it includes encouragement, logistical support, financing, coordination, or other assistance).

Many of the Senators and Representatives to be sworn in, in January, have held positions that already qualify under Section 3 of the 14th and, as of January, they will all fall under Section 3.

Here are the big questions.  What counts as:

We are looking for concrete conduct and a meaningful connection to an effort to resist or overthrow lawful authority, rather than treating heated rhetoric alone as automatically disqualifying. It’s fact-intensive and depends on the claims and evidence in a specific case.

There are a number of Senators and Representatives who will be sworn in, in January, who have made – and continue to make – questionable statements and actions concerning their loyalty to the United States Constitution.  For instance, given the goals, principles and statements of the Democratic Socialists of America, there is a real question if their members can legitimately take the oath of office. 

If I were an official in the Republican and Conservative parties, (or just a concerned citizen) I’d be looking at every statement and action several of the new Senators and Representatives have ever taken.  After all, many of them turned themselves into pretzels during the campaign because of their previous statements.

Or, both sides could call a truce and concentrate on the needs of the country and not their own political power.  Nah.  Never happen.

By the way, Section 3 is not a criminal statute. It does not define a crime or set a penalty like prison time.  It simple disqualifies one from holding office.