The Question Is Who Gets to Decide if You've Been an Insurrectionist?

Madison Cawthorn is a Republican congressman from North Carolina. His candidacy for reelection is the subject of challenge under Section 3 of the 14th Amendment—the part that says that people who engage in insurrection are disqualified from holding future office under the Constitution.

Roger Parloff has written a lengthy article on Lawfare on the Cawthorn case, entitled “Can Madison Cawthorn Be Blocked From the North Carolina Ballot as an Insurrectionist?” He joined Benjamin Wittes to discuss the various ins and outs of this case, what constitutes an insurrection for purposes of the section, what Madison Cawthorn did, why he—of all members of Congress—is the one who is being subjected to this challenge, and who gets to decide who gets disqualified.

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