14th Amendment
22 Articles

Inching Toward a More Transparent Office of Legal Counsel
Analysis of DOJ Office of Legal Counsel's May 19, 2023 release of a new index of unclassified OLC opinions written between 1998 and 2019.

Tracker: Litigation and Legislation on the “Insurrection Bar” to Office – Section 3 of the Fourteenth Amendment
A comprehensive database of efforts to bar from public office individuals who engaged in the January 6th insurrection.

Do State Laws Block Insurrectionists from Office?
The next two years are likely to see a test of what may turn out to be the most legally consequential recommendation—other than the suggestion of criminal charges—made by the…

Roadmap to Accountability: How the Jan. 6 Committee Can Help Enforce the 14th Amendment
How current legal processes — across the states — provide for the enforcement of section 3 of the 14th Amendment.

An Alternative to Impeachment: New Bill Helps Enforce Accountability for Capitol Riots
Experts explain how a new bill in Congress helps enforce accountability for federal officials who enabled the attack on the U.S. Capitol.

Civil Society Orgs’ Letter to Schumer: Disqualify Trump via 14th Amendment
Group of leading civil society organizations urge Congress to disqualify Trump under 14th Amendment's "insurrection clause."

Their Fourteenth Amendment, Section 3 and Ours
A preeminent legal historian writes about original understanding of 14th Amendment; how it can disqualify President Trump from future office.

Time to Reconsider the 14th Amendment for Trump’s Role in the Insurrection
Impeachment and conviction isn't the only way to keep Trump out of the game, writes Jim Wagstaffe. Congress should pitch 14th Amendment disqualification, too.

U.S. “National Security” Must Apply to the Entire Nation
The US history of racial discrimination creates a domestic threat far more serious to some of its citizens than those posed by external antagonists.

Birthright Citizenship for Children of Unlawful U.S. Immigrants Remains an Open Question
Shortly before the midterm elections, President Trump stirred up a hornet’s nest in suggesting he could, by executive order, withdraw the right to citizenship at birth from children…