Congressman Cawthorn Files Federal Lawsuit to Stop North Carolina State Board of Elections from Determining His Eligibility

On January 31, Congressman Madison Cawthorn filed a federal lawsuit against the North Carolina State Board of Elections. Cawthorn v Circosta, e.d., 5:22cv-50. The lawsuit seeks to stop the State Board from determining whether or not he is eligible for Congress. A challenge is pending against him based on the Fourteenth Amemdment, section 3, which says that members of Congress who had taken an oath to support the Constitution, and who then engaged in insurrection or rebellion against the Constitution, are ineligible to remain in Congress.

Here is the brief, which argues that only Congress can judge the qualifications of its members. Thanks to Political Wire for the news.


Comments

Congressman Cawthorn Files Federal Lawsuit to Stop North Carolina State Board of Elections from Determining His Eligibility — 15 Comments

  1. How many ANTI-Democracy rebels / closet rebels holding POWER offices in ALL current regimes ???

  2. Support for election integrity is not anti-democracy and besides which we are supposed to be a republic. Besides which he’s right, only congress can judge qualifications.

  3. Whether a State Election Board has standing to determine this is something that was probably answered in the late 1860s/early 1870s, especially in North Carolina where politicians were deemed ineligible in the immediate post-Civil War period when a military appointee served as Governor.

    This says nothing for the bearings of the case. I feel the plaintiffs have a high standard to prove Cawthorn engaged in insurrection or rebellion against the Constitution.h

  4. 2022 ***election integrity*** = fascist republicans are elected in any dispute ???
    —-
    Shut down all non-emergency stuff on election nights ??? — NOOOO sports, etc.

    TOTAL mobilization of all available abled body folks to examine legal voter qualifications and legal votes ???

    ie 100 plus folks looking at each ballot in each precinct – esp for USA Prez/VP ???
    —-
    PR
    NONPARTISAN APPV – exec/judics
    TOTSOP

  5. Lincoln and his bunch did all that. States had every right to secede. As for fascists..
    Back then it was the Republicans, but now it’s the Democrats.

  6. Long before Abraham Lincoln, President Andrew Jackson forcibly argued that states could not secede.

  7. It’s interesting to note that when the Confederacy adopted its own constitution, it did not clarify the issue of secession, but in its preamble referred to itself as a “permanent federal government”

  8. The only Supreme Court decision on the matter of secession was Texas v W hite. It went into long discussion about how unilateral secession was not permitted under the constitution, but left the door open a crack for negotiated secession when, in one short paragraph, implied that secession might be permitted with the consent of the other states.

    A contemporary example of negotiated secession took place when the UK left the EU. They didn’t just bug out, as some wanted to do, but negotiated the terms of departure with the EU.

  9. The states created the union. It’s pure fantasy to suggest otherwise, when they quite literally voted on whether to form the union. In some states, the condition that they could withdraw was a condition of joining. Later states did get created by the union, but they should logically retain the same right.

  10. These power-hungry fascist Democrats need to stop talking about “insurrection.” They know it was nothing of the kind; it was a riot like their allies subjected our country to all through the summer of 2020. Further, Trump offered 10,000 National Guard; the Democrats turned it down. and the main agitators haven’t been arrested, while some have rotted in jail for over a year just for being at the demonstration.

  11. It was legitimate political discourse. The actual TRUMP supporters there were well behaved tourists who were invited in by the capital police. A few antifa dressed up like TRUMP supporters and did some minor property damage. One rogue officer killed one of the well behaved tourists for no reason. Another officer felt bad about what his fellow officer did to that lady and killed himself the next day.

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