Guest Essay in the New York Times on Section 3 and Disqualification

S.B. S.B. New York Times On Section 3 of The Fourteenth Amendment, and Disqualification. It is titled, Only the Feds Could Disqualify Madison Cawthorn and Marjorie Taylor Greene.

This is the intro:

Midterm elections will be dominated by the events of January 6, 2021. North Carolina’s voters are calling for the exclusion of Representatives Madison CawthornTo run for re-election, he did so in the House. Georgians are doing the same. Marjorie Taylor Greene.

The voters filed complaints to state election officials alleging that Section 3 (14th Amendment) disqualifies Congressmen who insurrect from being on the electoral ballot. (There are also challenges for other elected officials. begunArizona.

But these challenges face an intractable problem: Only the federal government — not the states — can disqualify insurrectionists from congressional ballots. Without federal authorization, states cannot create unilaterally procedures to exclude insurrectionists from the congressional ballot.

If the members of Congress were involved in an insurrection then they may be expelled from the U.S. House of Representatives or federal prosecutors could charge them with federal insurrection. But in light of an important 1869 judicial decision, the cases against Mr. Cawthorn and Ms. Greene — which are currently mired in both state and federal proceedings — cannot remove the candidates from the congressional ballot.