Republicans Weigh Using 14th Amendment to Ban Mamdani From Office
House Republicans are weighing constitutional and legislative action to prevent New York City mayoral-elect Zohran Mamdani from taking office, pointing to Section 3 of the 14th Amendment — the post–Civil War “insurrection clause.”
The push, first reported by the New York Post, is being championed by the New York Young Republican Club, which says Mamdani’s anti-ICE activism and affiliations with radical left organizations could legally constitute “giving aid or comfort to the enemies of the United States.”
The constitutional clause, enacted in 1868, bars individuals from holding office if they “engaged in insurrection or rebellion” against the U.S. or provided support to those who have.
“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.
Last year, Democrats in Colorado attempted to use the same clause to block President Donald Trump from the ballot — a move the Supreme Court overturned, ruling that only Congress has the authority to enforce Section 3.
That ruling has now strengthened House Republicans, who hold a narrow House majority, and believe it is within congressional power to determine Mamdani’s eligibility.
According to congressional aides, GOP leadership is discussing a post-election House vote to declare Mamdani constitutionally disqualified from holding office. Such action would face major procedural barriers, including a Democratic filibuster in the Senate, plus lengthy court battles — but the effort signals a serious escalation.
Alongside the constitutional argument, House Republicans are urging the Justice Department to investigate whether Mamdani violated conditions of his naturalization oath when he became a U.S. citizen in 2018.
Rep. Andy Ogles (R-TN) sent a letter this week to Attorney General Pam Bondi, writing that Mamdani’s rhetoric appears “inconsistent with the oath of allegiance required of new citizens.”
Ogles publicly claimed Mamdani “came to the U.S. from Uganda to turn America into an Islamic theocracy,” posting the message on X.
Rep. Randy Fine (R-FL) also accused Mamdani of concealing affiliations on his citizenship forms — including membership in the Democratic Socialists of America and his public defense of the “Holy Land Five”, who were convicted of funneling funds to Hamas.
“New York City falls to communism next week, and they will have nobody but themselves to blame,”
Fine wrote.
Mamdani has denied the allegations, telling The Post:
“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.”
A Justice Department spokeswoman confirmed receipt of Ogles’ request, but noted correspondence responses are delayed due to the ongoing government shutdown.