Amendment XIV, Section 3

…as an o h cor of the United States-, or as a member in her of any State Legislature, or as an executive or iudiei il officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against I lie same, or given aid or comfort to the enemies thereof.

The paragraph gives the third section as amended by the Senate, read by the Clerk (much garbled by OCR); its words "to support the Constitution of the United States, shall have engaged in insurrection or rebellion against" appear in Section 3 of the Fourteenth Amendment.

…section reads ICC__„,_., 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 s nne or given aid and comfort to the enemies thereof.

The paragraph reads the third section of the joint resolution as amended by the Senate, and these words of it appear in Section 3 of the Fourteenth Amendment.

.3, jNo 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.

The paragraph gives the third section of the joint resolution as amended by the Senate, and its words "or hold any office, civil or military, under the United States or under any State" appear in Section 3 of the Fourteenth Amendment.

That any person disqualified jby section three of article fourteen of the amendments to the Constitution of the United States, and from whom such disability shall not have been removed by act of Congress, who shall exercise the powers and duties of any otlieo therein specified, shall bo deemed…

The fourth section of the bill, which the speaker reads, names "section three of article fourteen of the amendments to the Constitution" ("jby" is an OCR form of "by").

…been reconstructed, those that are still under military government, as well as in the State of Kentucky, and perhaps in some other States that were not engaged in the rebellion, men who by the fourteenth article of amendment are disqualified from holding office.

The paragraph names the provision of "the fourteenth article of amendment" by which men "are disqualified from holding office"; only Section 3 of the Fourteenth Amendment fits.

…on this side of the House, I will confine myself in what 1 shall have to say, to the consideration of the fourth section of the bill, in connection with the third section of the fourteenth amendment proposed to the Constitution of the United States, under which its enactment is not only sought, to be justified, but claimed to be necessary.

The paragraph cites "the third section of the fourteenth amendment".

1 propose therefore to examine the third section of this amendment by the light of those long settled canons of legal interpretation, which were recognized in the earliest dawn of our system of jurisprudence, and which have been adhered to and…

The paragraph cites "the third section of this amendment" (the Fourteenth, named in the speaker's opening).

"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, Qr 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 Legislatureror as an executive or judicial!

The paragraph quotes, in quotation marks, Section 3 of the Fourteenth Amendment in full, introduced as "The section reads as follows".

…language of the fourteenth amendment, and any one of them having the required age and period of residence may be elected President, and especially if he is not embraced in the disqualification to hold office contained in the third section of that amendment, and yet he cannot vote.

The paragraph cites "the disqualification to hold office contained in the third section" of the Fourteenth Amendment.

The fourth section of the bill purports to be designed to enforce the third section of the fourteenth amendment, which disqualifies certain persons to hold office, and it declares that any person who takes office contrary to that section shall be held guilty of a misdemeanor, and on conviction shall be imprisoned at hard labor…

The paragraph cites "the third section of the fourteenth amendment, which disqualifies certain persons to hold office".

There is at least enough doubt about the construction of the third section of the fourteenth amendment, on which the fourth section of this bill is based, to make it not only extremely oppressive, but grossly unjust legislation.

The paragraph cites "the third section of the fourteenth amendment".

All over my own State, all over the State of Maryland, and in many parts of the unreconstructed South to day the chief places are held by men who, by the third section of this fourteenth amendment to the Constitution of the United States, are declared to be not entitled to the right to hold such offices.

The paragraph cites "the third section of this fourteenth amendment".

I will read the third section of the fourteenth constitutional amendment. It is as follows:

The paragraph cites "the third section of the fourteenth constitutional amendment", which the next paragraph quotes.

Sec. 3. No person shall be a Senator or Representative in Congress, or elector of President arid 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…

The paragraph quotes Section 3 of the Fourteenth Amendment in full, headed "Sec. 3.".

This third section, as well as the first section, of the fourteenth constitutional amendment is systematically defied in my own State, openly and defiantly set at naught, and has been so ever since it was proclaimed.

The paragraph cites "this third section" of the Fourteenth Amendment, read in the previous paragraph.

…of the fourteenth article of amendment that the only political disability which they would sanction in organized States by reason of and for participation in the late rebellion was that those who violated an official oath to support the Constitution by engaging in the rebellion, or giving aid and comfort to the enemies of the Constitution, should be disqualified for office, civil and military, State and national, until Congress should remove the disability.

The paragraph describes the disability recorded "by the ratification of the fourteenth article of amendment" for those who broke an oath to support the Constitution, until Congress removes it; only Section 3 of the Fourteenth Amendment fits.

On bills relieving "from disability under the fourteenth amendment the Chair has ruled, with the assent of the House, that the Constitution does not require the yeas and nays, but that the result must be arrived at by a…

The Speaker names bills relieving "from disability under the fourteenth amendment" by a two-thirds vote; only Section 3 of the Fourteenth Amendment fits.

The third section of this amendment provides that 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 and comfort to the enemies thereof.

The paragraph gives the words of the third section, which the speaker recites; this run of 90 words appears unchanged in Section 3 of the Fourteenth Amendment.

…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 paragraph gives the words of the third article of Mr. Doolittle's substitute; this run of 64 words appears unchanged in Section 3 of the Fourteenth Amendment.

…the third section, in line thirty three by striking out the words "or under any State," and in lines thirty five and thirty six by striking out the words "or as a member of any State Legislature or as an executive or judicial officer of any State;" so that it will read:

The paragraph gives the words of the third section that Mr. Davis moves to strike out; this run of 18 words appears unchanged in Section 3 of the Fourteenth Amendment.

…an oath, as a member of Congress or as an officer of the United States, to support the Constitution of the United States, shall haveengagedin 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 paragraph gives the words of the third section as Mr. Davis would amend it; this run of 25 words appears unchanged in Section 3 of the Fourteenth Amendment.

No person shall be a Senator or Representative in Congress, or an 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…

The paragraph gives the words of the section Mr. Howard offers in place of the third section; the words from "or hold any office, civil or military" to "having previously taken an oath" appear in Section 3 of the amendment.

having previously taken an oath, as a member ot 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 ame or given aid or comfort to the enemies thereof.

The paragraph gives the words of Howard's amendment inserting a third section, and these words appear in Section 3 of the Fourteenth Amendment.

Let me call the Senator s attention to the words "or hold any office, civil or military, under the United States."

Morrill quotes words of the proposed third section, and these words appear in Section 3 of the Fourteenth Amendment.

…amendment by striking out all after "States" in line thirty five down to the word "State in line thirty six The' words which I propose to strike out are "or as a member of any State Legislature, or as an executive or judicial officer" of any State." I ask for the yeas and nays on this.

Johnson's motion gives the words of the proposed third section that it would strike out, and these words appear in Section 3 of the Fourteenth Amendment.

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 at any time within ten years preceding the 1st of January, 1861, had taken an oath as a member of Congress, &e.

The paragraph gives the words of the third section as Johnson's motion would make it read, and these words appear in Section 3 of the Fourteenth Amendment.

Congress may by a vote of two thirds of each House, and the President may by the exercise of the pardoning power, remove such disability.

The paragraph gives the words of the last clause of the third section as Saulsbury's motion would make it read, and these words appear in Section 3 of the Fourteenth Amendment.

That 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.

The paragraph gives the words of Howard's amendment inserting a third section, and these words appear in Section 3 of the Fourteenth Amendment.

That no person shall be a Senator or Representative in Congress, or elector of President and VicePresident, or hold any office, civil or military, under the Government of 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 voluntarily engaged in insurrection or rebellion against the same, &c.

The paragraph gives the words of the third section as Doolittle's motion would make it read, and these words appear in Section 3 of the Fourteenth Amendment.

Leading traitors shall not vote or hold office under the United States, but a two thirds vote of Congress may remove either of these disabilities.

The paragraph is one item of the speaker's summary of the provisions of the fourteenth article; it restates the disqualification, removable by a two-thirds vote of Congress, in Section 3.

That is in conflict with the third section of the fourteenth amendment of the Constitution, recently adopted, which provides that—-

The paragraph cites "the third section of the fourteenth amendment of the Constitution", which the next paragraph quotes.

No person shall be a Senator or Representative in Congress, or elector of President and Vi ie President, or hold any office, civil and military, under tho 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…

The paragraph quotes in full the section introduced in the previous paragraph as "the third section of the fourteenth amendment" (with OCR errors).

But I rose simply to call attention to the fact that this does not interfere with the provision of the Constitution which prevents from holding office those who have held office before and taken an oath to support the Constitution.

The paragraph names "the provision of the Constitution which prevents from holding office those who have held office before and taken an oath to support the Constitution"; only Section 3 of the Fourteenth Amendment fits.

The fourteenth amendment which inhibits the holding of office by persons engaged in the rebellion is not affected by this amendment,, and therefore, so far as the question of universal amnesty is concerned, it is not the necessary consequence of the adoption of this amendment.

The paragraph names the provision of "the fourteenth amendment which inhibits the holding of office by persons engaged in the rebellion"; only Section 3 fits.

The Senator from Rhode Island is thinking of the provision .of the fourteenth article which excludes from the right to hold office, and that disability may be removed by a two thirds vote of Congress.

The paragraph names "the provision of the fourteenth article which excludes from the right to hold office", a disability removable "by a two thirds vote of Congress"; only Section 3 fits.

The 14th amendment to the Constitution has other sections referring to the right to hold office by a Senator or Representative tn Congress and with reference to electors for President and Vice President.

The printed report names the section of the 14th amendment on holding office as Senator, Representative or elector, which is its Section 3.

…Representative in Congress, or elector of President or Vice President, or hold any office, civil or military, under the United States, or under any State, who, having p r eviously 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 paragraph quotes Section 3 of the Fourteenth Amendment.

Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.2, pp. 2055, 2056.

Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.1, Amdt14.2, pp. 2053, 2059, 2060, 2061, 2063.

Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.1, Amdt14.2, pp. 2053, 2060, 2061, 2063, 2064.