On January 10, a group of North Carolina voters asked the State Board of Elections to rule that Congressman Madison Cawthorn is ineligible to hold congressional office. The voters charge that Cawthorn is ineligible under the Fourteenth Amendment, section 3, which says, “No person shall be a Senator or Representative in Congress…who, having previously taken an oath, as a member of Congress…to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same.”
Here is the legal filing. The specifics about Cawthorn, in relation to the events of January 6, 2021, start on page 14.
Law Professor Derek Muller here expresses the point that because Article One says Congress shall be the judge of its own elections, therefore states perhaps do not have authority to decide for themselves which candidates are eligible, and cannot use qualifications to keep them off the ballot.
1-5-1 — FINAL judge.
Obviously Congress may NOT be in session for any pre-election stuff about qualifications.
14-3 engaged in insurrection or rebellion = a JUDICIAL determination — NOT by some jerks on some street.
What insurrection? Were there any guns? Noooooooo! Were there are blueprints or written directives to do damage? Nooooooooo! Did the mob have materials to set it on fire? Nooooooooo. The liberal media uses that word insurrection and plays word games with American voters minds. Tell ya what isn’t a word game. Is when ANTIFA and BLM rioted and destroyed businesses and people lives on purpose and wanted to deliberately inflict harm. A few that ran upon Rittenhouse got put in their place real quick.