Reply to Using the Fourteenth Amendment, Section 3

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[quote=Anonymous][quote=Anonymous]The 14th Amendment, Section 3 says:
[b]No person shall be[/b] 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, [b]who[/b], 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, [b]shall have engaged in insurrection[/b] or rebellion against the same, or given aid or comfort to the enemies thereof. [b]But[/b] Congress may by a vote of two-thirds of each House, [b]remove such disability[/b].

In other words, if you participate or are involved with an insurrection, you can not serve in elected office.

It is highly unlikely that Josh Hawley or Ted Cruz are removed as that requires a 2/3 vote.

Would it be possible to sue their re-election campaigns under the 14th amendment? Could you declare their running for office unconstitutional? This wouldn't be for three years, but it seems like a possible route.

Granted, I know very little about the law, but just curious as how this would work. [/quote]

The first sentence is absolute. No vote required. 
The second sentence is a way to allow them back in. The 2/3 vote is what can  "remove such disability" -- in other words, allows them to serve anyway even though they engaged in insurrection, etc.

The disqualification is automatic. They may not serve. Period. If they want back in, then there needs to be a 2/3 vote approving it.

However, they also can be removed by vote in other ways.[/quote]

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