Some hard right chuckle-heads are claiming that the prohibition in Section 3 was effectively rescinded in 1878 and 1898, by acts of Congress. Not so. It merely pardoned (looking BACKWARD) former Confederate insurrectionists. It expressly left in place the FOWARD-looking power (without need of an impeachment, or other act of Congress) to have any state disqualify any “insurrectionist” — from holding office, including the office, at what is now… 1600 Penn. The testimony of the drafters amply supports the point that it was not — not — not limited to the Civil War facts.
The very-able historians (via an amici filing, at the Supremes, on Friday past) explain, thus:
…Contrary to many laws that targeted former Confederates in southern states, Section 3 enshrined disqualification in the Constitution with generic language that does not reference the rebellion or former rebels.
Unlike [mere] statutes, as part of the Constitution, Section 3 endures indefinitely, free of tampering by future Congresses. Republican Senator Peter Van Winkle of West Virginia said during debates over the 14th Amendment, “This is to go into our Constitution and to stand to govern future insurrection as well as the present; and I should like to have that point definitely understood….”
Section 3 was very explicit about what Congress was required to do and not to do: Congress could lift any disqualification for office only by a two-thirds vote. Strikingly, however, the Section did not require any action by Congress to disqualify insurrectionists. Section 3 mirrored other constitutional disqualifications based on age, residence, and birth that did not require any action from Congress….
No former Confederates whom Section 3 instantly disqualified from holding office were disqualified by an act of Congress or a criminal conviction for insurrection or rebellion. Former Confederate President Jefferson Davis recognized, for example, that Section 3 had automatically disqualified him from holding public office on the day the states ratified the 14th Amendment. Davis argued that the Congress to give it effect.” Thus, the disqualification “punishment of Mr. Davis commenced upon the date of the adoption of the fourteenth article, and he therefore could not now be punished in any other way….”
The government did not dispute the self-executing impact of Section 3 but opposed quashing the indictment. Chief Justice Salmon Chase, who was serving as a Circuit Court Judge, indicated he accepted Davis’ claim and would quash the indictment. Circuit Court Judge John Underwood did not agree to quash.
However, the prosecution dropped the indictment prior to any resolution of the matter. Davis lived freely, although still under disqualification for a presidential run should be immune from prosecution for treason because of the penalty already imposed by this disqualification. Section 3, said Davis’ lawyer, “executes itself….”
So yes — these people are pointy-headed know-nuthins’ — nothing more.
Out.
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