Only the Feds Could Disqualify Madison Cawthorn and Marjorie Taylor Greene

Josh Blackman and S. B. Tillman, Opinion Editorial, ‘Only the Feds Could Disqualify Madison Cawthorn and Marjorie Taylor Greene,’ THE NEW YORK TIMES, Apr. 20, 2022, 5:00 AM ET

Posted: 26 Apr 2022

See all articles by Seth Barrett Tillman

Seth Barrett Tillman

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law

Date Written: April 20, 2022

Abstract

In Griffin's Case, Chief Justice Chase reasoned “that legislation by Congress is necessary to give effect to” Section 3 of the 14th Amendment — and that “only” Congress can enact that legislation. Chief Justice Chase added that the exclusion of disqualified office holders “can only be provided for by Congress.” Congress must create the procedure that would determine if a defendant violated Section 3. Section 5 of the 14th Amendment emphasizes this principle: Congress, it states, “shall have the power to enforce, by appropriate legislation, the provisions of this article.”

In short, Griffin’s case teaches that in legal terms, Section 3 is not self-executing — that is, Congress must establish, or at least authorize, the process that affords accused insurrectionists an opportunity to contest the allegations brought against them.

Suggested Citation

Tillman, Seth Barrett, Only the Feds Could Disqualify Madison Cawthorn and Marjorie Taylor Greene (April 20, 2022). Josh Blackman and S. B. Tillman, Opinion Editorial, ‘Only the Feds Could Disqualify Madison Cawthorn and Marjorie Taylor Greene,’ THE NEW YORK TIMES, Apr. 20, 2022, 5:00 AM ET, Available at SSRN: https://ssrn.com/abstract=4086516

Seth Barrett Tillman (Contact Author)

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law ( email )

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