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Banning Congressmen From Reelection Due to Jan. 6 Is Unconstitutional
Although many have mixed feelings about the events of Jan. 6, it is important to always honor what the Constitution says. For several reasons, it is unconstitutional to prevent candidates from running simply because they were involved in the events of Jan. 6.
From The Daily Signal. No matter what one may think about the events of Jan. 6, 2021, efforts now underway to block certain members of Congress from running for reelection are without merit….
It is noteworthy that not a single protester arrested for criminal trespass, assaulting police officers, and other actions at the Capitol has been charged under 18 U.S.C. Section 2383, which makes it a crime to engage in “any rebellion or insurrection against the authority of the United States.” Additionally, no member of Congress has been arrested, charged, or indicted for any actions taken on Jan. 6.
Yet the challengers are claiming that these members of Congress are disqualified from holding office under Section 3 of the 14th Amendment, which was ratified in 1868. Section 3 was aimed at the former Confederacy and said no one could be a member of Congress or hold any federal office who had previously held such a position if they “engaged in insurrection or rebellion.”
But Section 3 also had a unique provision not found in any other amendment to the Constitution. It gave Congress the power “by a vote of two-thirds of each House” to remove this disqualification.
Congress did exactly that in two amnesty bills: one in 1872 that kept a limited number of disqualifications for certain members of Congress and the military, and a second in 1898 that got rid of those remaining disqualifications. The plain language of these acts permanently removed the insurrection disqualification in Section 3 from the 14th Amendment….
Finally, attempts to disqualify candidates because they objected to the certification of certain electoral votes in the joint session of Congress on Jan. 6 have no legal merit. The objections and the subsequent votes on the objections were done in full compliance with the process outlined in the Electoral Count Act of 1887….
The effort to have members of Congress barred from having their names on ballots based on claims that they participated in an insurrection on Jan. 6 or objected to electoral votes should fail….
All of these efforts and threats are a desperate attempt to gain political advantage through unconstitutional actions….
What do you think of this article? Share your prayers for our leaders as they navigate difficult questions like these in the comments.
(Excerpt from The Daily Signal. Photo Credit: Getty Images)
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Comments
Lord, YOU KNOW what really happened that day and WHO was REALLY involved so EXPOSE that and bring JUSTICE as well as VINDICATION for those WRONGLY accused! You alone are Holy and Righteous, and we NEED You to intervene in all of everything! PUT YOUR people in EVERY position EVERYWHERE so we WILL HAVE righteous rule!! REMOVE and DEAL with the wicked! WE LOVE YOU JESUS!! In Your Holy name, AMEN!
Thank you for the history of this amendment in the Constitution. Our Congressmen and women are supposed to be supporting the Constitution, not throwing it away for political purposes! Father, I pray you would lead them to support the Constitution they have sworn to support or replace them with those who would.
To think that congressional leaders are under threat of not being allowed for re-election simply because they voted a certain way goes against the fabric of our nation and Constitution.
Thank you for this article that explained how any “disqualifications” formerly in the 14th Amendment had been previously removed. The Congressmen/women who voted not to certify the electiral votes, asked for additiinal time for further investigation of irregularities. We now know this was merited, Their courage should be applauded, not attacked.
I continue to pray for their protection and justice for those still held in prison without a speedy trial.
And how many years should people be held in jail without being charged with any crime while being “investigated” by people with a political agenda? It’s been 1 year and 3 months now. This is completely against our constitution. We are innocent until proven guilty not the other way around.
This prayer seems to be putting the cart before the horse. Many folks are still waiting to be tried, and an investigation of the events leading up to the Jan 6 invasion is still being conducted.
A truly Godly prayer might call for wisdom for those in our congress, and clear evidence while this is being investigated so that whatever the results, congress can bind together more functionally after it is done.
This is a super politically motivated prayer if I have ever seen one!!
I pray for IFApray to become less politically minded and more God(truth) and Jesus(Love) focused with prayer!!!!