Republicans Weigh Using 14th Amendment to Ban Mamdani From Office

House Republicans are exploring legal and constitutional measures to prevent New York City mayoral frontrunner Zohran Mamdani from being sworn into office if he wins Tuesday’s election — citing the 14th Amendment’s “insurrection clause.”

The discussions, first reported by the New York Post, involve several GOP lawmakers and constitutional attorneys who argue that Mamdani’s past statements urging Americans to “resist ICE” and his ties to far-left, anti-Israel groups could meet the constitutional definition of “giving aid or comfort to the enemies” of the United States — language taken directly from Section 3 of the 14th Amendment.

That post–Civil War provision bars any person who has “engaged in insurrection or rebellion” against the U.S., or who has provided “aid or comfort” to its enemies, from holding public office.

“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, which is leading the legal review.

Mamdani — a self-described socialist and a member of the Democratic Socialists of America (DSA) — has drawn scrutiny for his anti-Israel activism, repeated calls to abolish Immigration and Customs Enforcement, and public support for Palestinian organizations with histories of anti-American rhetoric.

GOP Lawmakers Cite Supreme Court Ruling as Precedent

House Republicans are reportedly examining Congress’s constitutional authority to enforce Section 3 following last year’s Supreme Court decision overturning Colorado’s attempt to bar President Donald J. Trump from the 2024 ballot.

In that ruling, the Court made clear that only Congress — not individual states — may enforce Section 3 of the 14th Amendment. That decision has emboldened House Republicans, who say the same standard now allows Congress to determine whether Mamdani is constitutionally eligible to hold public office.

According to two congressional aides, GOP leaders are weighing a post-election resolution declaring Mamdani ineligible to serve as mayor. While such a move would face fierce opposition in the Democrat-controlled Senate and likely court battles, Republicans believe it would draw a clear line against what they see as the mainstreaming of radical, anti-American ideologies in U.S. politics.

DOJ Urged to Review Mamdani’s Citizenship

In parallel, several House Republicans are pressing the Department of Justice to review Mamdani’s 2018 naturalization.

Rep. Andy Ogles (R-TN) sent a letter to Attorney General Pam Bondi urging an investigation into whether Mamdani violated the terms of his citizenship oath, citing statements that he said were “inconsistent with the oath of allegiance required of new citizens.”

“Mamdani came to the U.S. from Uganda to turn America into an Islamic theocracy,” Ogles wrote on X, adding that the Democrat’s rhetoric “raises serious questions about his loyalty to the United States.”

Ogles’ letter further accuses Mamdani of promoting “violent anti-American rhetoric” and suggests that denaturalization proceedings may be warranted under immigration laws prohibiting membership in communist or totalitarian organizations.

Rep. Randy Fine (R-FL) echoed those concerns, alleging that Mamdani omitted key affiliations from his citizenship application, including his membership in the Democratic Socialists of America and his defense of the “Holy Land Five,” a group convicted in 2008 of funneling money to Hamas.

“New York City falls to communism next week, and they will have nobody but themselves to blame,” Fine warned on X.

Mamdani Responds: “This Is a Political Hit Job”

Mamdani, currently a New York State Assemblyman representing Astoria, Queens, denied the allegations, calling the GOP effort an attempt to “weaponize the Constitution” against political opposition.

“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 told The Post.

A Justice Department spokeswoman confirmed receipt of Ogles’ letter but said responses to congressional inquiries are delayed due to the ongoing government shutdown, adding, “The Department does not comment on the status of ongoing or potential investigations.”

With the election only days away, Republicans say the stakes could not be higher. If Mamdani wins, he would become New York City’s first openly socialist mayor — and, according to GOP leaders, a test case for how far the Constitution’s guardrails can stretch before they break.