1898 Repeal of Section 3 of the 14th Amendment

Heritage Foundation ^ | April 6, 2022 | Hans A. von Spakovsky

[Buchal]

"All of these efforts and threats are a desperate attempt to gain political advantage through patently unconstitutional actions. They are a waste of time and resources and should be dismissed as such."

[cowboyusa]

Whatever. Ilove the Unoted Ststesore than anything except GOD, and will always stand and defend it, now and forever.

[GailA]

Needs a link, please.

[ProtectOurFreedom]

Gail, it's the link for this article. It's a fascinating and scholarly article, but very readable and understandable.

Here you go...

Efforts by Courts or State Officials to Bar Members of Congress from Running for Re-Election or Being Seated Are Unconstitutional
by Hans A. von Spakovsky
LEGAL MEMORANDUM
No. 301
April 6, 2022
Edwin Reese III Center for Legal & Judicial Studies

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Many have pointed out that the people who wrote the 14th Amendment specifically enumerated those who would be covered under it and did NOT include the President, Vice President, or SCOTUS justices...

Section 3:
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 a disability.

[GailA]

It wasn’t taught in school, most don’t read about history more than what school requires. Fredrick Speaks writes great History articles. With all the Land Grabs, I thought it was time to review his article.

FREDERICK R SMITH
SEP 23, 2021

The Constitution: Property and Free Markets
The Declaration of Independence acknowledged that each person’s right to “Life, Liberty and the Pursuit of Happiness” derive in an equal manner from a Creator, not from the government.

https://frederickrsmith.substack.com/p/the-constitution-property-and-free

[GailA]

I have vision issues with PDFs because of the print size and didn’t see it was an article. I was expecting a regular article with a link in it.

I was taught the Constitution is the final say, over Statutory Laws. And requires an Amendment to fix it.

Thanks.

[ProtectOurFreedom]

My vision is slowly deteriorating, too. You can make the text larger in any app on the web -- your browser, a PDF reader, a text doc, a Word doc, an Excel doc, etc. I sometimes make them a lot bigger to read them.

You wrote: "I was taught the Constitution is the final say, over Statutory Laws. And requires an Amendment to fix it."

Yes, that is correct (and that's what I thought in this case, too), but there IS one exception I learned by reading this Heritage essay:

Section 3: "But Congress may by a vote of two-thirds of each House, remove such a disability."

The last sentence in Section 3 giving Congress the authority to “remove” the disability imposed by the amendment is unique. While seven amendments have language giving Congress the “power to enforce” each amendment “by appropriate legislation,” only the Fourteenth Amendment has language giving Congress the power to specifically void the provisions of one section of the amendment.

So Congress gave itself the authority to remove the disability in the 14th Amendment and the 14th was ratified by the states.About half way down, the example of Victor Berger is instructive.

[ThanhPhero]

It didn’t repeal anything. It took note of the fact that enabling laws had never been passed. No one had ever been charged with “insurrection.” Thus the section of the amendment was never enfocreable because there was nothing to enforce.

[2CAVTrooper]

“Failing to enforce border law, is rebellion - just sayin”

IMO it’s closer to treason.

[2CAVTrooper]

“You are not fit to judge them or anyone”

Like YOU should talk.

[2CAVTrooper]

Don’t mind the short bus rider.