General Discussion
In reply to the discussion: On SCOTUS ruling that Colorado, a state, doesn't have the authority to take trump off its ballot. [View all]LeftInTX
(25,664 posts)It has been used several times by congress and the senate to prevent people from being seated.
One person who was charged/convicted of espionage ran in the special election in his vacated seat and won again. He was kicked out again.
He eventually ran again, won and was seated. Somewhere in all of this, his espionage conviction was overturned. (Early 20th Century, Red Scare)
It was the house's decision not to seat and to seat the congressman.
In both cases, they got the George Santos treatment. The other was a confederate. He didn't run again for federal office, but I believe he may have held a state position.
Article 2, (age etc) is "eligibility", amendment 14 is "holding office".
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The section 3 of the 14th Amendment is vaguely worded and subject to interpretation. Former confederates did eventually hold federal office.
Charles S. Thomas of Colorado was the last Confederate veteran to serve in the Senate. Born in Georgia, he served briefly as a teenager in the Confederate Army. He settled in Denver after the war, where he built a law practice and pursued a Senate career. Following three failed attempts to gain a Senate seat, the 63-year-old Thomas finally became a U.S. senator in 1913, a position he held until 1921. During his years in the Senate, Thomas became known for a rather unconventional habit that marked the arrival of springtime in the Senate Chamber.
https://www.americanheritage.com/confederates-congress-heritage-or-hate
At the outbreak of the Civil War, Crisp enlisted in the 10th Virginia Infantry and was commissioned a lieutenant. He served with that regiment until May 12, 1864, when he was taken prisoner at the Battle of Spotsylvania Court House.
After the war Crisp studied law and passed the bar. He was elected to Congress from Georgia in 1882, and served until his death in 1896.
From 1890 until his death, he was leader of the Democratic Party in the House, as either the House Minority Leader or the Speaker of the House.