Madison Cawthorn and the 14th Amendment
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 18 February 2022
⏱️ 33 minutes
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Summary
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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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
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| 0:25.6 | no bull and the aftermath. |
| 0:32.6 | He says that the Congress has the exclusive power under the Constitution to sort of police |
| 0:41.5 | the qualifications of its members. |
| 0:44.8 | That's Article 1 Section 5 of the Constitution. |
| 0:50.0 | And he says that the North Carolina law usurps the House's exclusive right to judge |
| 1:00.1 | his qualifications. |
| 1:02.6 | I'm Benjamin Woodess and this is the LawFair podcast February 18th, 2022. |
| 1:10.4 | Madison Caughthorn is a Republican congressman from North Carolina. |
| 1:17.0 | His candidacy for re-election is the subject of challenge under Section 3 of the 14th Amendment. |
| 1:25.6 | You remember Section 3 of the 14th Amendment? |
| 1:28.6 | That's the part that says that people who engage in insurrection are disqualified from holding |
| 1:36.0 | future office under the Constitution. |
| 1:40.0 | Roger Parloff, who has not been disqualified under Section 3 of the 14th Amendment, has |
| 1:45.7 | written a lengthy article on the Caughthorn case entitled, Can Madison Caughthorn be blocked |
| 1:52.7 | from the North Carolina ballot as an insurrectionist? |
| 1:56.5 | He joined me in the virtual jungle studio to discuss the various ins and outs of this case. |
| 2:04.3 | What constitutes an insurrection for purposes of the selection? |
| 2:09.4 | What did Madison Caughthorn do? |
... |
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