New Jersey congressman urges Nancy Pelosi to BAR 126 Republicans from the House for backing Donald Trump's failed Texas lawsuit, claiming they violated the Constitution by trying to 'install a dictator'
New Jersey representative Bill Pascrell has urged House speaker Nancy Pelosi to bar 126 GOP members from taking their seats, claiming that their support for President Trump's failed Texas lawsuit made them 'traitors' who had violated the Constitution.
Pascrell, 83, argued Saturday that the House members who signed an amicus brief supporting the court-case, including House Minority leader and California representative Kevin McCarthy, had broken their oaths to uphold the Constitution and should be banned from sitting in the 117th Congress and called on Pelosi to take action.
The Texas attorney general Ken Paxton's suit, supported by 17 other state attorneys general, attempted to reject millions of votes in Georgia, Pennsylvania, Michigan and Wisconsin, whose citizens chose President-elect Joe Biden over Donald Trump.
The case was thrown out by the Supreme Court on Friday.
Pascrell cited Section 3 of the 14th Amendment, which was ratified in 1868 during post Civil War reconstruction period and was designed to keep traitors out of state, federal or military positions.
It is sometimes called the 'disqualification clause'.
The Democratic law-maker, who has represented parts of New Jersey on and off since 1997, tweeted: 'The text of the 14th Amendment expressly forbids Members of Congress from engaging in rebellion against the United States. Trying to overturn a democratic election and install a dictator seems a pretty clear example of that'.
Representative Bill Pascrell, a Democrat from New Jersey, has launched a bid to persuade House speaker Nancy Pelosi to refuse to seat the 126 GOP members who sought to overtturn the election result. Pictured here on January 9 during a bill enrollment ceremony at the U.S. Capitol in Washington, D.C
Pascrell tweeted his official bid to have the 126 GOP law-makers unseated for seeking to 'make Donald Trump an unelected dictator'
Pascrell cited section 3 of the 14th Amendment which is designed to keep traitors out of office
House speaker Nancy Pelosi, pictured during a news conference in Capitol Hill on Decem,ber 10, has been asked to stop the 126 'rebel' GOPs from taking their seats
In his statement to House leaders Pascrell said that the 126 members were attempting to 'obliterate public confidence in our democratic system' by installing an 'unelected dictator'.
He urged Pelosi to take action and said: 'I call on you to exercise the power of your offices to evaluate steps you can take to address these constitutional violations this Congress and, if possible, refuse to seat in the 117th Congress any Members-elect seeking to make Donald Trump an unelected dictator.'
Pascrell added: 'Men and women who would act to tear the United States government apart cannot serve as Members of the Congress. These lawsuits seeking to obliterate public confidence in our democratic system by invalidating the clear results of the 2020 presidential election undoubtedly attack the text and spirit of the Constitution, which each Member swears to support and defend.'
He later widened his call in a tweet: 'Today I’m calling on House leaders to refuse to seat any Members trying to overturn the election and make Donald Trump an unelected dictator.'
House speaker Pelosi has not yet responded but in a letter published Friday night, she called the politicians involved in the lawsuits 'engaged in election subversion that imperils our democracy.'
After the 2020 race was called for President-elect Biden, Trump and his allies immediately filed lawsuits against multiple states, baselessly accusing them of perpetuating and covering up election fraud. Of the dozens of lawsuits he filed, none have been successful.
The amicus brief was led by staunch Trump ally and Republican Rep. Mike Johnson of Louisiana.
Out-going President Donald Trump has lost multiple lawsuits in his attempt to overturn the election result
Texas Attorney General Ken Paxton, pictured at the Austin Police Association on Thursday Sept 10, led a failed bid in Texas to overturn the election result
126 GOP members signed the briefing supporting the baseless Texas lawsuit
Pascrell has asked House speaker Nancy Pelosi to bar the GOP members from being sworn in
Following Friday's announcement that the Supreme Court wouldn't hear the case, Trump and his allies issues several drastic statements.
Texas GOP Chairman Allen West said some states should break away from the rest of the United States and 'bond together' in a call for secession not seen since the Civil War.
Others, including vloggers Diamond and Silk questioned: 'where is the military?'
The Supreme Court earlier this week rejected a bid from Pennsylvania Republicans to undo Biden’s win in the state. The order was unsigned and had no noted dissents.
Pascrell previously called for an investigation into the entire Trump administration when Biden takes office.
Section 3 of the 14th Amendment
The US Constitution was ratified in 1787 and currently has 27 Amendments
What is Section 3 of the 14th Amendment?
It was designed to keep 'traitors' out of power by giving the federal government the right to stop anyone who 'rebels' or commits 'treason' against the United States from running for state, federal or military office.
This includes if they deny someone their rights as a US citizen, including the right to vote. It is sometimes called the 'disqualification clause'.
Why was it brought in?
It was added in 1868 when the country was in the middle of the horrors of the post Civil War reconstruction era and Congress was feuding with President Andrew Johnson over how to treat the Confederate states.
Formerly enslaved Africans Americans had just been granted citizenship three years earlier with the 13th Amendment, but several southern states were refusing to recognize it and had passed their own repressive laws, known as 'black codes'.
So Section 3 was added as a fail-safe to keep former Confederate leaders from running for office.
It can only be overturned by a two-third majority in the houses of Congress.
Has it been used before?
In 1919, Victor L. Berger, a member of the Socialist Party of America who had been convicted under the Espionage Act, was repeatedly prevented from taking his seat by a House resolution after winning the Fifth Wisconsin District, The New York Times reports.
Could House speaker Nancy Pelosi use it now?
Although the clause was written in the context of the Civil War, it would theoretically still apply for members of future rebellions or insurrections against the United States, with occasional historical uses setting a precedent.
Full text of Section 3, 14th Amendment of the US Constitution:
No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
THE 126 HOUSE REPUBLICANS WHO WANT SCOTUS TO OVERTURN THE ELECTION RESULT
Ralph Abraham Louisiana
Robert Aderholt Alabama
Rick W. Allen Georgia
Jodey Arrington Texas
James R. Baird Indiana
Jim Banks Indiana
Jack Bergman Michigan
Andy Biggs Arizona
Gus Bilirakis Florida
Dan Bishop North Carolina
Mike Bost Illinois
Kevin Brady Texas
Mo Brooks Alabama
Ken Buck Colorado
Ted Budd North Carolina
Tim Burchett Tennessee
Michael C. Burgess Texas
Bradley Byrne Alabama
Ken Calvert California
Earl L. 'Buddy' Carter Georgia
Ben Cline Virginia
Michael Cloud Texas
Doug Collins Georgia
Mike Conaway Texas
Rick Crawford Arkansas
Dan Crenshaw Texas
Scott DesJarlais Tennessee
Mario Diaz-Balart Florida
Jeff Duncan South Carolina
Neal P. Dunn Florida
Tom Emmer Minnesota
Ron Estes Kansas
A. Drew Ferguson Georgia
Chuck Fleischmann Tennessee
Bill Flores Texas
Jeff Fortenberry Nebraska
Virginia Foxx North Carolina
Russ Fulcher Idaho
Matt Gaetz Florida
Greg Gianforte Montana
Bob Gibbs Ohio
Louie Gohmert Texas
Lance Gooden Texas
Sam Graves Missouri
Mark Green Tennessee
Morgan Griffith Virginia
Michael Guest Mississippi
Jim Hagedorn Minnesota
Andy Harris Maryland
Vicky Hartzler Missouri
Kevin Hern Oklahoma
Clay Higgins Louisiana
Jody Hice Georgia
Trey Hollingsworth Indiana
Richard Hudson North Carolina
Bill Huizenga Michigan
Bill Johnson Ohio
Mike Johnson Louisiana
Jim Jordan Ohio
John Joyce Pennsylvania
Fred Keller Pennsylvania
Mike Kelly Pennsylvania
Trent Kelly Mississippi
Steve King Iowa
David Kustoff Tennessee
Darin LaHood Illinois
Doug LaMalfa California
Doug Lamborn Colorado
Robert Latta Ohio
Debbie Lesko Arizona
Billy Long Missouri
Barry Loudermilk Georgia
Blaine Leutkemeyer Missouri
Kenny Marchant Texas
Roger Marshall Kansas
Kevin McCarthy California Minority leader
Tom McClintock California
Cathy McMorris Rogers Washington
Dan Meuser Pennsylvania
Carol D. Miller West Virginia
John Moolenaar Michigan
Alex Mooney West Virginia
Markwayne Mullin Oklahoma
Gregory Murphy North Carolina
Dan Newhouse Washington
Ralph Norman South Carolina
Steven Palazzo Mississippi
Gary Palmer Alabama
Greg Pence Indiana
Scott Perry Pennsylvania
Bill Posey Florida
Guy Reschenthaler Pennsylvania
Tom Rice South Carolina
Mike Rodgers Alabama
John Rose Tennessee
David Rouzer North Carolina
John Rutherford Florida
Steve Scalise Louisiana Minority whip
Austin Scott Georgia
Mike Simpson Idaho
Adrian Smith Nebraska
Jason Smith Missouri
Ross Spano Florida
Pete Stauber Michigan
Elise Stefanik New York
Gregory Steube Florida
Glenn 'GT' Thompson Pennsylvania
Tom Tiffany Wisconsin
William Timmons South Carolina
Jeff Van Drew New Jersey
Ann Wagner Missouri
Tim Walberg Michigan
Mark Walker North Carolina
Jackie Walorski Indiana
Michael Waltz Florida
Randy Weber Texas
Daniel Webster Florida
Brad Wenstrup Ohio
Bruce Westerman Arkansas
Roger Williams Texas
Joe Wilson South Carolina
Rob Wittman Virginia
Ron Wright Texas
Ted S. Yoho Florida
Lee Zeldin New York