Efforts To Bar Members of Congress From Running for Reelection Because of Jan. 6 Are Unconstitutional

No matter what one may think about the events of Jan. 6, 2021, efforts now underway to block certain members of Congress from running for reelection are without merit.

Congress did exactly that in two amnesty bills: one in 1872 that kept a limited number of disqualifications for certain members of Congress and the military, and a second in 1898 that got rid of those remaining disqualifications.

In 1995, in U.S. Term Limits, Inc. v. Thornton, the U.S. Supreme Court said that no state can impose any additional qualifications on any candidate running for Congress.

Finally, attempts to disqualify candidates because they objected to the certification of certain electoral votes in the joint session of Congress on Jan. 6 have no legal merit.

>>> Congress Should Ban Foreigners From Interfering in Referenda The Electoral Count Act provides that an objection can be filed jointly by a senator and a representative and upon such an objection being made, the joint session for the counting of electoral votes is temporarily suspended while Congress debates and votes on the objection.

The effort to have members of Congress barred from having their names on ballots based on claims that they participated in an "Insurrection" on Jan. 6 or objected to electoral votes should fail.

Congress permanently eliminated the insurrection disqualification in the 14th Amendment in amnesty acts that are still in force today, and the objections to the electoral votes were filed in accordance with federal law.

https://www.heritage.org/the-constitution/commentary/efforts-bar-members-congress-running-reelection-because-jan-6-are