[EL] 14th Amendment, Section 3

[Hess, Douglas (Doug)]

Has Section 3 of the 14th Amendment (banning from future office those who, if they took an oath to uphold the Constitution, engage in insurrection while holding elected, judicial, etc. positions at the state or federal level) been applied since the Civil War?

How would this ban be implemented or who would determine if it applies to last week's events? Congress can lift the ban on holding office, so is it the view that they also apply the ban? Or can state and federal prosecutors apply this and how? Or is Section 3 viewed as a relic that only applied to the Civil War era?

-----------------------
Douglas R Hess
On sabbatical until Aug 31, 2021
Asst. Professor, Political Science/Policy Studies
http://www.douglasrhess.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.douglasrhess.com_&d=DwMGaQ&c=HUrdOLg_tCr0UMeDjWLBOM9lLDRpsndbROGxEKQRFzk&r=xr_OjwGHtP-zw6I-DJj_MQ4cusLbiVT1bScGa0c8ZJo&m=1Su0W65D8QCtkZsJ9MBhqWnbMcCIi_d8PwyIITS_tY4&s=aHRFhpmE6iq5wHSEeTCwBPdVAD0eUAghzYZAx_GUTyE&e=>
My latest op-ed using the Grinnell College
National Poll: http://www.bit.ly/hillhess2020

-----------------------

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20210111/7f5a6846/attachment.html>