Congressman Cohen Introduces Bill for Enforcing Fourteenth Amendment Section 3 Prohibiting Insurrectionists Serving in Office

WASHINGTON – Congressman Steve Cohen (TN-09), the Chairman of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, today introduced a measure to enforce Section 3 of the Fourteenth Amendment prohibiting those who have engaged in insurrection or rebellion against the United States from holding public office.

Ratified in the aftermath of the Civil War, Section 3 of the Fourteenth Amendment explicitly disqualifies any person from public office who, having previously taken an oath as a federal or state office holder, engaged in insurrection or rebellion. This disability can only be removed by a two-thirds vote of each House of Congress. Having lived through that violent rebellion, the framers of Section 3 of the Fourteenth Amendment were concerned that office holders who had engaged in insurrection might again serve in the very State and Federal governments they had previously sought to violently overthrow.

Congressman Cohen made the following statement:

"The January 6, 2021 attack on the U.S. Capitol demonstrates that the concerns that prompted ratification of the Fourteenth Amendment remain relevant today. On that day, a mob violently stormed the United States Capitol in an attempt to impede the constitutional function of our democracy and overturn the 2020 election results. This was the first time the Capitol had been invaded since the War of 1812. It is important that we enforce the constitutional provision establishing that any office holders who violated their oaths of office and engaged in this insurrection cannot be trusted with public office."

The legislation introduced today would create a modern mechanism to enforce this section of the Constitution through a cause of action for the Attorney General before a three-judge panel. Should the Attorney General prove, by clear and convincing evidence, that an officeholder or former officeholder engaged in insurrection or rebellion, that individual would be disqualified from holding public office.

Also under this legislation, disqualified individuals would forfeit any benefits derived from their service in federal office and would be prohibited from obtaining contracts with the federal government. The bill also amends the Former Presidents Act so that an individual disqualified under Section 3 of the Fourteenth Amendment pursuant to this legislation would not be considered a "former President" for the purpose of receiving benefits under the Act.