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Madison Cawthorn and the 14th Amendment

The Lawfare Podcast

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Is That the Remedy for Cawthorn's Disqualification?

Cawthorne's best argument is that congress alone gets to decide the qualifications of its members. If it considers him a disqualified under section three, the remedy is not to a north carolina election board, but for congress to refuse to seat him. There are responses to that argument, and and good responses. It is routine across the country for a states and localities to allow challenges to people's e basic qualifications for office before putting them on the ballot.

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