American Constitution Society Event on the 14th Amendment

The American Constitution Society will host “Keeping Insurrectionists from Holding Office: The Potential Power of Section 3 of the 14th Amendment,” a discussion on Section 3 of the 14th Amendment.

Russ Feingold of the American Constitution Society will provide the introductory remarks. The panel discussion will feature Floyd Abrams of Cahill Gordon & Reindel and Gerard N. Magliocca of Indiana University, Robert H. McKinney School of Law.

From the event’s description:

In the two years since the January 6th insurrection, 950 people in nearly all 50 states and the District of Columbia have been arrested for their role in the attempt to overturn the results of the 2020 presidential election. More than half have pleaded guilty or been convicted of felonies. We have also seen several attempts—some successful and some unsuccessful—to use Section 3 of the 14th Amendment to keep elected officials who participated in that unprecedented attempt to subvert democracy from holding office. Known as the Disqualification Clause, Section 3 provides an avenue to disqualify anyone who took an oath to support the Constitution of the United States and then engaged in or encouraged insurrection or rebellion against the United States from holding federal or state office.

How can this provision of the Constitution, adopted as part of the Reconstruction Amendments, be used to prevent insurrectionists from getting on the ballot or holding office today? How do we address concerns about overturning the will of voters and about activities protected by the First Amendment? What are the challenges to realizing the potential power of the Disqualification Clause?

Join ACS and a panel of experts who will consider the potential and pitfalls of using the Disqualification Clause to redress this shameful moment in our recent history.

The panel will take place via Zoom on March 2. Learn more and register here.

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