14th Amendment

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Shot of the Justice Department building at night

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.
Pro-Trump supporters storm the U.S. Capitol following a rally with President Donald Trump on January 6, 2021 in Washington, DC.

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…
Pro-Trump protestors, with torn American flags, gather in front of the U.S. Capitol Building.

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.
Trump gestures in front of a line of American flags at the "Stop The Steal" Rally on January 06, 2021 in Washington, DC.

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.
Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Charles Schumer (D-NY) and House Minority Leader Nancy Pelosi (D-CA), confer during a ceremony awarding former Senate Majority Leader Bob Dole the Congressional Gold Medal at the U.S. Capitol on January 17, 2017 in Washington, DC.

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."
Statues in front of the US capitol building. Behind the statues, flags at the US Capitol fly at half-mast to honor US Capitol Police Officer Brian Sicknick, on January 8, 2021, in Washington, DC. Sicknick died from injuries sustained during the attempted coup on January 6th.

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.
The Senate floor during the start of the impeachment hearing on January 11, 2021.

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.
The officers and crew of the USS PC-1264 pose for a photograph on the ship.

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…
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