14th Amendment to the Constitution, Section 3 and our dear fiend, Madison Cawthorn

There is currently a challenge to Madison Cawthorn, filed by members of the North Carolina general public, against the candidacy of Madison Cawthorn for Congress, on the grounds that he is ineligible to run for election under Section 3 of Amendment 14, which reads:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any 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. But Congress may by a vote of two-thirds of each House, remove such disability.

Cawthorn has responded by filing suit in United States District Court that the proceedings before the North Carolina State Board of Elections violate his rights under the First Amendment.

I believe there is sufficient evidence that Cawthorn actively participated and/or gave aid or comfort to the insurrectionists, thus rendering him ineligible to run for office.

The United States District Court should dismiss Cawthorn’s suit as having no valid First Amendment premise. The State Board of Elections should then go ahead with the necessary depositions and subpoenas. Cawthorn will have the opportunity, under oath, to demonstrate that he is not a seditionist.

There are PLENTY of excellent Republicans in North Carolina to replace him. I look forward to a loyal and patriotic Republican replacing a piece of seditious scum. (Not to mention sexual harassment, some of which was borderline sexual predatory. Oh, and he just paid his delinquent property tax. And he lied about being accepted to the Naval Academy, when it was the real case he was rejected BEFORE his automobile accident. Among other things.)

In North Carolina, the burden of proof lies with the candidate, not those attempting to disqualify the candidate. Cawthorn must clearly show that he is eligible and not disqualified under the 14th Amendment. Additionally, Cawthorn MUST submit to full depositions under oath and MUST submit to any and all subpoenas for his personal records of any type.

Which is why he has so desperately filed in Federal Court attempting to stop the proceedings, because he knows he is ■■■■■■ if the proceedings actually go ahead. He will have to give evidence and testimony that will be freely available to the January 6th Commission and possibly open him to criminal and civil liability. If he refuses to cooperate, he will be kept off the ballot.

Interestingly, Cawthorn has, on the record, agreed that the events of January 6th constituted an insurrection, via his yes vote on H.R. 3325, awarding gold medals to the Capitol Police and others who protected The Capitol during the insurrection on January 6th.

By his own admission by his vote, January 6th constituted an insurrection. He has been documented at the very least giving aid and comfort to the insurrectionists, all that is necessary to invoke Section 3 of Amendment 14.

I am glad to see numerous Republicans taking part in this effort and I would note that this does NOT benefit Democrats in any way. This seat is a safe Republican seat and if the seditious scum is removed, there will be a loyal Republican elected in his stead.

IMPORTANT NOTE:

I do not seek action against any Republican whose sole misdeed was supporting or voting against certification of the Electoral Votes of particular States. While a disgusting act of political guile in some cases or political cowardice in others, it is ultimately a lawful (if not disgusting or cowardly) act and should not be punished in any way.

Actions under Amendment 14, Section 3, should ONLY be aimed at those Representatives who actively conspired or colluded with insurrectionists or who gave aid and/or comfort to insurrectionists.

That is a very small handful of Representatives.

ADDENDUM:

As I prepared this post, I came across additionally material that shows just how both bat ■■■■ crazy and bat ■■■■ desperate Cawthorn is.

He is trying to invoke the Amnesty Act of 1872 to state that he is relieved of the disability imposed by Amendment 14, Section 3.

First of all, by even making that claim, he is admitting his total guilt and admitting he is disqualified, as somebody qualified would not need to resort to such a ridiculous argument.

Second of all, it is absolutely ludicrous to think that the Amnesty Act, passed in 1872, can remove a disability from somebody not even born when it was passed. Madison Cawthorn was born in 1995, fully 123 years AFTER the act passed. His seditious acts occurred in 2021, fully 149 years AFTER the act passed. The President cannot grant pardons for acts that have not yet occurred and the Congress cannot grant amnesty for acts that have not yet occurred. Cawthorn has said and done many stupid things, but this is clearly the stupidest.

In any event, a State can clearly enforce the qualifications provisions of the Constitution. As the article states, a 15 year old is ineligible to serve in Congress and it is ludicrous to suggest that a State cannot enforce that provision by barring 15 years from the ballot. Same with the disqualification provision of Amendment 14, Section 3. States can absolutely enforce that provision by barring seditious candidates from the ballot, as long as due process is provided and North Carolina provides ample due process for the candidate to attempt to, by a preponderance of the evidence, make the case he is not disqualified.

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Well… this is unusual and therefore very interesting.

Thank you for posting it. Please keep us informed.

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Your welcome.

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What evidence again now??

I see someone wants to go down very slippery slope.

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Only like ten people have been charged with sedition. Is there evidence he conspired with them and if so, why has he not been charged?

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We’re not at the “evidence” stage yet.

You should read the link, it’s very interesting.

I would note that nearly all the Confederates disqualified never faced any legal proceedings whatsoever. The mere facts of their participation in rebellion was sufficient. There is no requirement of any charges even being filed against him.

In any event, it is his Congressional immunity that has so far prevented any action against him.

He will be forced to come clean under oath in order to make it onto the ballot, so the ball will be in his court.

Additionally, he need not have “conspired”. ANY aid and comfort is sufficient to result in disqualifcation.

jordan’s next

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I don’t think Ohio has the same law, unfortunately.

democrats will invent some other nonsense, like this to go after him

it’s all they do

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You have to understand by now that all the grievance politics stuff is just a joke, at this point.

Maybe there’s some catharsis to it, I dunno.

The 14th Amendment applies to every state.

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The prevailing opinion is that it was not an insurrection. It’s ludicrous to think that the overwhelming majority of gun owners present January 6, 2021 would stage an insurrection unarmed. I’m not questioning the legality of what occurred. Definitely illegal, mostly stupid. But to classify it as an insurrection, then punish someone for voicing their opinion is just as stupid and possibly unconstitutional.

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I would note that it is primarily Republicans making the effort against Cawthorn in North Carolina.

Doesn’t really help Democrats all that much, as these handful of Republicans are from Safe Republican seats. Democrats have nothing to gain as these seats are out of reach for them.

This part is bothering me.

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Of course. But not every state has the same law as NC that allowed the challenge in the first place.

It doesn’t need to.

I would be interested in knowing the history of this North Carolina law. What the motivation for it was.

Well, not entirely. But the NC law makes it a lot easier.