Does the 14th Amendment Apply to the January 6, 2021 Insurrection?

The January 6, 2021 insurrection, involving a mob storming the United States Capitol, has been a topic of much debate and legal scrutiny, particularly regarding its implications under the 14th Amendment. Many have asked whether this event qualifies as an 'insurrection' triggering the provisions of the 14th Amendment. To understand this, we need to delve into the intricacies of US constitutional law and the role of the President.

Understanding the 14th Amendment

The 14th Amendment to the US Constitution, Ratified in 1868, has several critical provisions, but the most pertinent for our discussion is Section 3, which prohibits any person who 'has borne arms against the United States' or has 'engaged in insurrection or rebellion' from holding public office until Congress provides by law forgiveness.

Insurrection and Its Requirements

At the heart of the matter is the term 'insurrection.' The 14th Amendment does not define 'insurrection,' leaving its interpretation up to the executive branch. This means only the president has the authority to declare whether an event constitutes an 'insurrection.' Absent such a declaration, the 14th Amendment's relevant provisions would not apply.

Official Statements and Legal Opinions

Several officials and legal experts have weighed in on the matter, with no definitive ruling. For example:

Law Professor Omarov: He states that no 'insurrection' was deemed to have taken place on January 6, 2021. This interpretation challenges the applicability of the 14th Amendment's insurrection clause.

Professor Aziz Huq: He notes that there was only a riot, not an insurrection. A riot is a form of civil disorder but not an act of insurrection, which typically involves a coordinated, sustained, and organized violent overthrow of a government. The phrase 'riot' more accurately describes the events at the Capitol on January 6.

The Office of Legal Counsel: This department of the Department of Justice provided an opinion that a state of 'insurrection' existed on January 6, 2021. However, this opinion is not binding on legal proceedings or interpretation by the courts.

Congressional Provisions

Additionally, Congress has never passed a law regarding the enforcement of the 14th Amendment during insurrection. Without such a statute, the 14th Amendment's application remains unclear and subject to interpretation. The legal framework allows for the president's discretion in declaring an 'insurrection.'

Implications and Future Considerations

The lack of a clear legal definition and the absence of a formal declaration by the president create ambiguity about the applicability of the 14th Amendment in such cases. This ambiguity poses challenges for legal proceedings and the interpretation of constitutional law in similar future events. It also underscores the importance of clear and consistent legal guidance to avoid confusion and potential misuse of constitutional provisions.

For those interested in the legal aspects of the January 6, 2021 insurrection, the 14th Amendment remains a key area of study. Understanding the role of the President in declaring an 'insurrection' and the lack of supportive Congressional action highlights the complexities of constitutional interpretation and the need for clear legislative guidance.