John, Section 3 of the Fourteenth Amendment (the Insurrectionist Disqualification Clause) bars insurrectionists from public office. Some have suggested that enforcing Section 3 against those involved in the January 6, 2021 insurrection–such as former president Donald Trump– would require new federal legislation. But the fact of the matter is states can enforce Section 3 without any new federal legislation–just as they regularly enforce other constitutional provisions and other sections of the Fourteenth Amendment itself. In a new report we have co-authored with Professor Gerard Magliocca of Indiana University law school, we argue that state courts do not need permission from Congress to enforce the U.S. Constitution or the Insurrectionist Disqualification Clause in particular. For example, state courts regularly enforce other parts of the Fourteenth Amendment–especially the Equal Protection Clause and the Due Process Clause. Indeed, states have been doing so since the Fourteenth Amendment was passed, including in some of the litigation that led to the Supreme Court’s celebrated 1954 Brown v. Board of Education decision. Sign if you agree: State election officials have a responsibility to uphold the Constitution, including the Insurrectionist Disqualification Clause, and bar insurrectionists from the ballot. In 2022, two different states (Georgia and New Mexico) heard Section 3 challenges against those involved in the January 6, 2021 insurrection. These challenges did not need any special federal legislation, as they relied on standard state legal procedures for challenging a politician’s constitutional eligibility for office. This report should dispel any misunderstanding that states must supposedly wait for Congress to grant them permission before they can hear challenges under Section 3. State courts already have the authority to enforce Section 3 even without any congressional action, and they must be compelled to do so. Sign the petition: Tell state election officials to bar insurrectionists from running for public office. In solidarity,
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