IV 

117TH CONGRESS 

2D SESSION H. CON. RES. 93 

Finding that the January 6, 2021, attack on the United States Capitol 

Complex and the corresponding attempt to bypass constitutional order 

and obstruct through corrupt means the counting of certified electoral 

votes of the several States under section 15 of title 3, United States 

Code, on January 6, 2021, with intent to displace the lawfully elected 

President of the United States or thwart the will of the majority of 

electors, constitute an insurrection against the United States, and that 

any person who participated in the attack, or conspired or attempted 

to bypass constitutional order and obstruct through corrupt means the 

counting of certified electoral votes of the several States under section 

15 of title 3, United States Code, on January 6, 2021, with intent 

to displace the lawfully elected President of the United States or thwart 

the will of the majority of electors, is deemed to have engaged in an 

insurrection in violation of section 3 of the 14th Amendment to the 

Constitution. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 27, 2022 

Ms. WASSERMAN SCHULTZ (for herself and Mr. RASKIN) submitted the following concurrent resolution; which was referred to the Committee on the 

Judiciary 

CONCURRENT RESOLUTION 

Finding that the January 6, 2021, attack on the United 

States Capitol Complex and the corresponding attempt 

to bypass constitutional order and obstruct through corrupt means the counting of certified electoral votes of 

the several States under section 15 of title 3, United 

States Code, on January 6, 2021, with intent to displace 

the lawfully elected President of the United States or 


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thwart the will of the majority of electors, constitute 

an insurrection against the United States, and that any 

person who participated in the attack, or conspired or 

attempted to bypass constitutional order and obstruct 

through corrupt means the counting of certified electoral 

votes of the several States under section 15 of title 

3, United States Code, on January 6, 2021, with intent 

to displace the lawfully elected President of the United 

States or thwart the will of the majority of electors, 

is deemed to have engaged in an insurrection in violation 

of section 3 of the 14th Amendment to the Constitution. 

Whereas section 3 of the 14th Amendment to the Constitution states ‘‘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.’’; 

Whereas the 14th Amendment, ratified following the Civil 

War, included section 3, which originally was intended to 

address insurrection against the United States by, among 

other things, preventing those who joined the Confederacy from holding future State or Federal office; 

Whereas the language of section 3 of the 14th Amendment, 

and subsequent congressional actions and judicial decisions, all uniformly establish that disqualification from 


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holding future Federal or State office is applicable to covered persons who participate in any and all future rebellions or insurrections, and not merely covered persons 

who joined the Confederacy; 

Whereas invoking section 3 of the 14th Amendment does not 

impose criminal punishment, but merely acts to ensure 

that those entrusted with public office have not acted 

dangerously towards the Union in the past by previously 

participating in an insurrection against the United 

States, as was stated by Senator Waitman T. Willey from 

West Virginia during the debate on ratifying the 14th 

Amendment, the ban on office holding is not ‘‘penal in 

its character, it is precautionary’’; 

Whereas Congress has broad authority under article I, section 8 of the Constitution to protect the functions of the 

government and has authority to pass appropriate resolutions to enforce section 3 of the 14th Amendment, following the decisive precedent established by Congress in 

1869 when it invoked section 3 through a Joint Resolution in 1869 ordering the removal of civil officeholders 

who had not received amnesty from Congress; 

Whereas Congress previously passed the Ku Klux Klan Act 

of 1871 which, among other things, enforced section 3 of 

the 14th Amendment by giving priority to civil actions 

seeking to remove ineligible officials and imposing criminal penalties for knowing violations of this constitutional 

provision; and 

Whereas the framers of the 14th Amendment intended that 

‘‘office, civil or military, under the United States’’ include 

the Office of the President and Vice President, and the 

term ‘‘officer of the United States’’ include the President 

and Vice President: Now, therefore, be it 


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1 Resolved by the House of Representatives (the Senate 

2 concurring), That based on the foregoing, Congress de3 clares that— 

4 (1) any person who participated in the attack 

5 on the United States Capitol Complex on January 6, 

6 2021, is deemed to have engaged in an insurrection 

7 in violation of section 3 of the 14th Amendment to 

8 the Constitution; 

9 (2) any person who conspired or attempted to 

10 bypass constitutional order and obstruct through 

11 corrupt means the counting of certified electoral 

12 votes of the several States under section 15 of title 

13 3, United States Code, on January 6, 2021, with in14 tent to displace the lawfully elected President of the 

15 United States or thwart the will of the majority of 

16 electors, is deemed to have engaged in insurrection 

17 in violation of section 3 of the 14th Amendment to 

18 the Constitution; and 

19 (3) therefore, pursuant to section 3 of the 14th 

20 Amendment to the Constitution of the United 

21 States, any person described in paragraph (1) or (2) 

22 is disqualified from being a Senator or Representa23 tive in Congress, or elector of President and Vice 


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1 President, or holding any office, civil or military, 

2 under the United States, or under any State. 

Æ 


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