Fourteenth Amendment, Section 3

Definition

A provision adopted in 1868 that disqualifies from federal office persons who previously took an oath to support the Constitution and then engaged in insurrection or rebellion. The provision states that such persons cannot hold office unless Congress removes the disability by a two-thirds majority. This section is the focus of the entire case.

Examples

• •The clause at issue: 'No person shall be a Senator and Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States...who, having previously taken an oath...as an officer of the United States...to support the Constitution of the United States, shall have engaged in insurrection or rebellion...'

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