Section 3 of the Fourteenth Amendment to the United States Constitution

Contents

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.

Discussion

Pisco vs. Esportsbatman (September 10th 2023)

Given the following scenario:

• a state official or agency responsible for determining which would-be candidates are qualified determines that one of the candidates is indeed not qualified and decides not to include them on the ballot
• a party that disagrees with the decision challenges it in court

Pisco believes that the courts would decide on the suit and in the process of doing so make determinations on the specifics, including whether a would-be candidate is guilty of treason as defined by Amdt14.S3

Esportsbatman believes that the court would refuse to determine whether or not anyone has participated in an insurrection as part of a civil trial, instead basing their decision for disqualification on whether or not a criminal conviction of treason, sedition, or insurrection exist.