[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 93 Introduced in House (IH)]

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117th CONGRESS
  2d Session
H. CON. RES. 93

 Finding that the January 6, 2021, attack on the United States Capitol 
 Complex and the corresponding attempt to bypass constitutional order 
and obstruct through corrupt means the counting of certified electoral 
votes of the several States under section 15 of title 3, United States 
Code, on January 6, 2021, with intent to displace the lawfully elected 
 President of the United States or thwart the will of the majority of 
  electors, constitute an insurrection against the United States, and 
    that any person who participated in the attack, or conspired or 
 attempted to bypass constitutional order and obstruct through corrupt 
 means the counting of certified electoral votes of the several States 
 under section 15 of title 3, United States Code, on January 6, 2021, 
 with intent to displace the lawfully elected President of the United 
  States or thwart the will of the majority of electors, is deemed to 
 have engaged in an insurrection in violation of section 3 of the 14th 
                     Amendment to the Constitution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 2022

   Ms. Wasserman Schultz (for herself and Mr. Raskin) submitted the 
following concurrent resolution; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Finding that the January 6, 2021, attack on the United States Capitol 
 Complex and the corresponding attempt to bypass constitutional order 
and obstruct through corrupt means the counting of certified electoral 
votes of the several States under section 15 of title 3, United States 
Code, on January 6, 2021, with intent to displace the lawfully elected 
 President of the United States or thwart the will of the majority of 
  electors, constitute an insurrection against the United States, and 
    that any person who participated in the attack, or conspired or 
 attempted to bypass constitutional order and obstruct through corrupt 
 means the counting of certified electoral votes of the several States 
 under section 15 of title 3, United States Code, on January 6, 2021, 
 with intent to displace the lawfully elected President of the United 
  States or thwart the will of the majority of electors, is deemed to 
 have engaged in an insurrection in violation of section 3 of the 14th 
                     Amendment to the Constitution.

Whereas section 3 of the 14th Amendment to the Constitution states ``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.'';
Whereas the 14th Amendment, ratified following the Civil War, included section 
        3, which originally was intended to address insurrection against the 
        United States by, among other things, preventing those who joined the 
        Confederacy from holding future State or Federal office;
Whereas the language of section 3 of the 14th Amendment, and subsequent 
        congressional actions and judicial decisions, all uniformly establish 
        that disqualification from holding future Federal or State office is 
        applicable to covered persons who participate in any and all future 
        rebellions or insurrections, and not merely covered persons who joined 
        the Confederacy;
Whereas invoking section 3 of the 14th Amendment does not impose criminal 
        punishment, but merely acts to ensure that those entrusted with public 
        office have not acted dangerously towards the Union in the past by 
        previously participating in an insurrection against the United States, 
        as was stated by Senator Waitman T. Willey from West Virginia during the 
        debate on ratifying the 14th Amendment, the ban on office holding is not 
        ``penal in its character, it is precautionary'';
Whereas Congress has broad authority under article I, section 8 of the 
        Constitution to protect the functions of the government and has 
        authority to pass appropriate resolutions to enforce section 3 of the 
        14th Amendment, following the decisive precedent established by Congress 
        in 1869 when it invoked section 3 through a Joint Resolution in 1869 
        ordering the removal of civil officeholders who had not received amnesty 
        from Congress;
Whereas Congress previously passed the Ku Klux Klan Act of 1871 which, among 
        other things, enforced section 3 of the 14th Amendment by giving 
        priority to civil actions seeking to remove ineligible officials and 
        imposing criminal penalties for knowing violations of this 
        constitutional provision; and
Whereas the framers of the 14th Amendment intended that ``office, civil or 
        military, under the United States'' include the Office of the President 
        and Vice President, and the term ``officer of the United States'' 
        include the President and Vice President: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That based on the foregoing, Congress declares that--
            (1) any person who participated in the attack on the United 
        States Capitol Complex on January 6, 2021, is deemed to have 
        engaged in an insurrection in violation of section 3 of the 
        14th Amendment to the Constitution;
            (2) any person who conspired or attempted to bypass 
        constitutional order and obstruct through corrupt means the 
        counting of certified electoral votes of the several States 
        under section 15 of title 3, United States Code, on January 6, 
        2021, with intent to displace the lawfully elected President of 
        the United States or thwart the will of the majority of 
        electors, is deemed to have engaged in insurrection in 
        violation of section 3 of the 14th Amendment to the 
        Constitution; and
            (3) therefore, pursuant to section 3 of the 14th Amendment 
        to the Constitution of the United States, any person described 
        in paragraph (1) or (2) is disqualified from being a Senator or 
        Representative in Congress, or elector of President and Vice 
        President, or holding any office, civil or military, under the 
        United States, or under any State.
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