The Lawfare Podcast: Madison Cawthorn and the 14th Amendment

Jen Patja, Benjamin Wittes, Roger Parloff
Friday, February 18, 2022, 12:00 PM

Published by The Lawfare Institute
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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.

Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
Roger Parloff is a journalist based in Washington, D.C. In recent years, he has regularly contributed to Yahoo Finance and Air Mail News, and has also been published in The New York Times, ProPublica, New York, and For 12 years, he was the main legal correspondent at Fortune Magazine. He is an attorney who no longer practices. He is a senior editor at Lawfare.

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