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.”
The effort,first reported by the New York Post, is being led in part by the New York Young Republican Club, which argues that Mamdani’s past statements calling to “resist ICE” and his ties to left-wing organizations could qualify as “giving aid or comfort to the enemies” of the United States — language drawn directly from Section 3 of the 14th Amendment.
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.
