The Constitution’s Disqualification Clause Can Be Enforced Today

POGO: “The attack on the United States Capitol complex to disrupt the certification of the 2020 presidential election on January 6, 2021, led to the first application of the disqualification clause contained in Section 3 of the 14th Amendment in more than a century. Section 3 prohibits public office holders who have taken an oath to support the U.S. Constitution and then engage in insurrection or rebellion against the United States, or who give aid or comfort to enemies of the United States, from serving in public office. The analysis in this report will build on the established collective understanding of Section 3 to guide contemporary application of the clause. The report will specifically prescribe how the disqualification clause can currently be enforced against individuals involved in the January 6 attack.”