#RIGHT TO DUE PROCESS 14TH AMENDMENT FULL#

To try to overturn a legitimate election and trample on the will of the American people is something that is unforgivable. “The people who helped cause this are not the people who can lead in healing. Jim McGovern of Massachusetts, who chairs the House Rules committee, during an interview on CNN, although he certainly thinks they should resign. But this is something we have to talk about,” said Rep. Not even all Democrats are ready to definitively say they’re ready to pursue a 14th Amendment case against their colleagues. It might be more difficult to make the 14th Amendment case against Cruz and Hawley, who, despite the fact that they spread lies about the election on the Senate floor, could argue they were trying to defend democracy, not incite the riot. “Those who spoke words of violence, incitement to riot at the rally before the attack on the House, they are potentially culpable for insurrection,” Norm Eisen, who served as an attorney for Democrats during Trump’s impeachment, told CNN. The 14th Amendment case might be easier to make against Brooks and Gohmert than Hawley and Cruz. They’re the senators who objected to counting electoral votes, along with many more colleagues in the House, and Hawley raised a fist to the rioters in solidarity before they stormed the Capitol.

Josh Hawley of Missouri and Ted Cruz of Texas have also been discussed as 14th Amendment violators. “Today is the day American patriots start taking down names and kicking ass,” Brooks told Trump’s supporters on Wednesday, before they tried to disrupt the American government. Mo Brooks of Alabama and Louis Gohmert of Texas took part in the Washington rally the sparked the storming of the Capitol. Lawmakers who may be targeted by Bush’s effort to apply the amendment in Congress include Republican Reps. Usually, lawmakers with massive legal issues resign. Only two other congressmen were expelled, for ethics violations, in the intervening 160 years. No lawmaker has ever been dismissed using the 14th Amendment since its ratification after the war. A handful of lawmakers were expelled at the outbreak of the Civil War for supporting the Confederacy. Anyone complicit in inciting the riot bent on stopping that process could reasonably be considered to have violated it.īut expelling lawmakers is not something Congress does lightly. And the Constitution calls for an election an Electoral College vote to determine the next president. But Congress may by a vote of two-thirds of each House, remove such disability.Ĭlearly all officeholders took an oath to uphold the Constitution. 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. Trump has argued during his presidency that the birthright citizenship clause of the Amendment should be changed.īut it’s the much less-known language of Section 3 of the 14th Amendment that deals with acts of insurrection: It gives citizenship to anyone born in the United States and guarantees “equal protection under the laws” to all citizens and imposed the Bill of Rights on the states. The 14th Amendment was an incredibly consequential addition to the Constitution back in 1866 after the Civil War. House Speaker Nancy Pelosi has asked members of Congress for their input on whether to pursue such an effort. “We can’t have unity without accountability.” They have violated the 14th Amendment,” Bush said Sunday on Twitter. “Tomorrow, I’m introducing my resolution to expel the members of Congress who tried to overturn the election and incited a white supremacist coup attempt that has left people dead.

Cori Bush, a freshman Democrat from Missouri. That language could also be employed against members of Congress who supported Trump’s effort, according to Rep.

#RIGHT TO DUE PROCESS 14TH AMENDMENT FULL#

MAP: Full presidential election resultsĭemocrats who introduced an article of impeachment on Monday against Trump cited the 14th Amendment in the text as an argument for impeaching him.

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Right to due process 14th amendment