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This is the legal definition of "Insurrection".
18 U.S. Code § 2383 - Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
Now here is the dictionary definition:
Section 3
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.
It is important to understand that Section 3 of the 14th amendment was written after the Civil War when confederate states still loyal to the South sent rebels as representatives to congress. The congress refused to seat them and responded by writing this amendment and section giving them legal grounds not to seat rebels within the congress.
If you take the definition of insurrection literally, then no one who participated in a protest or riots against the US government would be eligible for office. That include Bill Clinton who protested against the Vietnam War. Kamala Harris who urged BLM and Antifa to "keep it up" as the burned an looted US cities - and attacked federal court houses. It would also exclude Rashida Tlaib and Ilhan Omar both of whom have participated in protests against the government.
Clearly the 14th amendment does not apply to simple protests and riots against specific US policies or actions.
18 U.S. Code § 2383 - Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
Now here is the dictionary definition:
- The act or an instance of open revolt against civil authority or a constituted government.
- A rising up; uprising.
- The act of rising against civil authority or governmental restraint; specifically, the armed resistance of a number of persons to the power of the state; incipient or limited rebellion
Section 3
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.
It is important to understand that Section 3 of the 14th amendment was written after the Civil War when confederate states still loyal to the South sent rebels as representatives to congress. The congress refused to seat them and responded by writing this amendment and section giving them legal grounds not to seat rebels within the congress.
If you take the definition of insurrection literally, then no one who participated in a protest or riots against the US government would be eligible for office. That include Bill Clinton who protested against the Vietnam War. Kamala Harris who urged BLM and Antifa to "keep it up" as the burned an looted US cities - and attacked federal court houses. It would also exclude Rashida Tlaib and Ilhan Omar both of whom have participated in protests against the government.
Clearly the 14th amendment does not apply to simple protests and riots against specific US policies or actions.
