Yes, the 14th Amendment’s disqualification clause applies to members of Congress. But it's up to the House to enforce it.
should be booted from the House for their support for his attempt to cling to power. It’s a different process, with a higher bar, but still well within the rights of the House to expel them, as the draft law review article’s authors also note.the 14th Amendment been upheld by Congress?” The answer: House Republicans have chosen power over the Constitution. That primarily falls on the party’s leadership, especially Speaker Kevin McCarthy, R-Calif.
Any member of the House GOP could have raised a point of order in January, questioning the legitimacy of the pro-insurrectionists’ holding their seats.discredit the Jan. 6 committee’s findings , it makes sense that McCarthy would be silent about pro-insurrection House members. But any member of the House GOP could have raised a point of order in January, questioning the legitimacy of the pro-insurrectionists’ holding their seats. If the chair then put that question to the members-elect, there’s a nonzero chance it could have passed with Democratic support. That having been said, it’s disappointing that no Democrat attempted something similar.
The best reason I can glean as to why that didn’t happen is also political: Why draw attention away from the farce that is the divided GOP by forcing it to stand united against what it could frame as an external power grab? That having been said, a Democratic member of the House could choose to spend the rest of this session raising a point of order whenever a colleague who has given aid and comfort to insurrectionists rises to speak.
Not raising the issue gives members like Gaetz the belief that their words won’t come back to haunt them. Thus, he brazenly stands next to the man who fired up a mob that tried to subvert the will of American voters and suggests that his supporters need to make a show of force.
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