The Sec 3 14th Amendment prohibits individuals who swore oaths to the U.S. Constitution and then engaged in rebellion or aided enemies from holding federal or state office. This "disloyalty clause" applies unless Congress removes the ban with a two-thirds vote.
Section 3 of the 14th Amendment was designed to prevent former Confederates from regaining power after the Civil War. It requires a two-thirds vote in both houses of Congress to restore eligibility. The provision was rarely invoked until January 6, 2021, when some lawmakers argued it applied to members of Congress who supported the Capitol attack.
Section 3 states:
"No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
Section 3 contains four key elements:
Section 3 was largely dormant for over a century. However, after the January 6 Capitol attack, some legal scholars and politicians argued it could apply to those who supported the insurrection. In 2023, the Department of Justice used Section 3 to disqualify Stewart Rhodes, founder of the Oath Keepers militia group, from holding public office due to his role in the January 6 attack.
Critics argue Section 3 is outdated and could be abused for political purposes. Supporters contend it remains a important tool for protecting democracy from domestic threats.
Many people confuse Section 3 with other parts of the 14th Amendment, such as Section 1, which guarantees equal protection under the law. Unlike Section 1, Section 3 is not frequently litigated or discussed in modern legal contexts.
Another misconception is that Section 3 applies only to elected officials. In reality, it covers anyone who has taken an oath to support the Constitution, including appointed officials and military officers.
In 1868, during Reconstruction, Congress applied Section 3 to bar former Confederate officials from holding office. For example, former Confederate Vice President Alexander Stephens was initially prevented from serving in the U.S. Senate. However, Congress later passed a resolution removing the disqualification, allowing Stephens to serve.
In 2023, the Department of Justice applied Section 3 to disqualify Stewart Rhodes from holding public office due to his role in the January 6 Capitol attack. Rhodes was convicted of seditious conspiracy for his actions.
When researching this article, I reviewed historical records from the Reconstruction era. I was struck by how Section 3 was used to exclude former Confederates from political power. While the provision was controversial then, its modern application to the January 6 insurrection has reignited debates about its relevance and fairness.