Claim: A post on the social media platform X claimed that under Section 3 of the 14th Amendment, a criminal conviction for insurrection is required to disqualify a candidate, specifically former U.S. President Donald Trump, from state or federal office.
Reasoning: The claim misinterprets the 14th Amendment’s requirements. Section 3 of the 14th Amendment states that no person can hold office if they have engaged in insurrection or rebellion against the United States, especially if they had previously sworn to support the Constitution. This section was historically used in the Reconstruction Era following the Civil War but is applicable to modern times. The Congressional Research Service (CRS) report clarifies that a criminal conviction is not expressly required for disqualification under this section. Instead, historically, civil actions and Congressional decisions were sufficient for disqualification. Examples include actions against officials linked to the Confederacy and the 1919 refusal to seat a Congressman accused of aiding Germany in World War I, despite the Amnesty Act.
Fact or Fiction? Fiction. The claim that a criminal conviction for insurrection is necessary to disqualify a candidate from office under Section 3 of the 14th Amendment is false. The Amendment does not explicitly require a criminal conviction, and historical precedents demonstrate that disqualification can occur through civil actions or Congressional decisions.
Your Feedback Matters!
How engaging was the article?