House Republicans are exploring legal and constitutional strategies to block New York City mayoral-elect Zohran Mamdani from being sworn into office, citing the Constitution’s post–Civil War “insurrection clause.”
That provision, enacted in 1868, bars from public office any person who has “engaged in insurrection or rebellion” against the United States, or who has provided “aid or comfort” to its enemies.
The clause was originally intended to prevent former Confederate officials from holding office but has recently re-emerged in political debates over ballot eligibility.
“There is a real and legitimate push to see the insurrectionist Zohran Mamdani either a) removed from the ballot or b) removed from office if he is to win on Tuesday,” said Stefano Forte, president of the New York Young Republican Club.
Several House Republicans are said to be reviewing whether the clause could be enforced through new legislation or congressional action following next week’s election. The idea mirrors the legal arguments used in Colorado last year to try to disqualify former President Donald Trump from the state’s ballot — a move the Supreme Court ultimately overturned, ruling that Congress, not individual states, has the constitutional authority to enforce Section 3.
The Court’s decision has emboldened some GOP lawmakers who believe the ruling effectively places responsibility for such enforcement in the hands of Congress, where Republicans currently hold a narrow 219–213 majority in the House.
According to two congressional aides, Republican leaders may consider holding a post-election vote to declare Mamdani ineligible for office under the clause. Such a measure would face significant procedural and legal hurdles, including a likely filibuster in the Democrat-controlled Senate and near-certain court challenges.
In addition to the potential 14th Amendment challenge, House Republicans are pressuring the Justice Department to review Mamdani’s path to U.S. citizenship, claiming he may have violated the terms of his naturalization oath.
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Rep. Andy Ogles (R-TN) sent a letter Monday to Attorney General Pam Bondi, urging her to investigate what he described as “statements inconsistent with the oath of allegiance required of new citizens.” Ogles cited Mamdani’s 2018 naturalization and accused him of “refusal to disavow violent anti-American rhetoric.”
He reiterated those allegations in a post on X, claiming Mamdani “came to the U.S. from Uganda to turn America into an Islamic theocracy.”
In his letter, Ogles argued that Mamdani’s past remarks and political affiliations amount to a “broader pattern of conduct inconsistent with the oath of allegiance.”
He urged the Justice Department to examine whether denaturalization proceedings are warranted, referencing existing immigration law that prohibits membership in communist or totalitarian organizations for new citizens.
Rep. Randy Fine (R-FL) also joined the campaign, accusing Mamdani of omitting material information from his citizenship application, including membership in the Democratic Socialists of America and comments defending the “Holy Land Five,” a group of Palestinian-American leaders convicted in 2008 for funneling money to Hamas.
“New York City falls to communism next week, and they will have nobody but themselves to blame,” Fine wrote on X, referencing the upcoming mayoral election.
Mamdani denied the accusations and said Republican lawmakers are trying to weaponize the law against a political opponent.
“No matter how many times these Republican Congress members or the president of this country calls me a Communist, it doesn’t make it true,” Mamdani said in comments to The Post last weekend.
A Justice Department spokeswoman confirmed receipt of Ogles’ letter but said responses to congressional correspondence have been delayed due to the ongoing government shutdown.
“The Department does not comment on the status of ongoing or potential investigations,” the spokeswoman said.
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