Such a step would be an affirmation of the vitality of our wounded democracy. This would be the mildest of punishments for inciting an uprising that left five people dead, threatened the lives of members of Congress, caused havoc in the Capitol, and sought to overturn the results of the presidential election. They took an oath to defend the Constitution and, on Jan. At the same time, Congress can declare Trump and any other public officials and military veterans who incited or took part in the riot ineligible to hold future public office. The House can vote to impeach as a statement of principle even though it is probable that a trial will be months away. The Supreme Court later overturned his conviction and Berger went on to serve three more terms in the House.Ĭongress does not have to choose one path or the other. His crime was a far cry from inciting a riot or aiding insurrection - he had been convicted under the Espionage Act because he opposed American participation in World War I. One of the few times Section Three has been enforced since Reconstruction came in 1918, when the House of Representatives expelled the Wisconsin Socialist Victor Berger. It would have to include safeguards protecting free speech. Such a procedure would be a political process, not a full-fledged trial with witnesses and legal briefs, and so could happen quickly. Today, Congress should again specify a procedure for ascertaining to whom Section Three applies.
In 1870, Congress passed a law directing local district attorneys to take steps to oust officeholders barred by Section Three and a number - it is unclear how many - did lose their positions.
Like many parts of the Constitution, Section Three is not self-executing.
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