West Virginia Democratic Senator, Joe Manchin, is now suggesting that the Senate take into consideration the 14th Amendment and remove both Senators Ted Cruz and Josh Hawley following their objection to the Electoral College vote that secured the 2020 election victory for now President-elect Joe Biden.
Manchin was interviewed on an episode of “Firing Line” on PBS where he’s quoted as saying that it “should be a consideration” for the two Republican senators to be removed. Manchin called Cruz and Hawley’s behavior “totally unconscionable” and that made him suggest the 14th Amendment be used.
Manchin is likely referring to the third part of the 14th Amendment which states the following:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Senate could attempt to use this by linking it to the behaviors and actions that occurred on January 6th at the Capitol where protesters breached the building, lives were lost, and arrests were made that day and many days after.
The Senate would have to prove that Senators Ted Cruz and Josh Hawley fall into that category of engaging in a rebellion or insurrection, or providing aid or comfort to enemies thereof, which could result in a lengthy legal battle if Senate chose to go that route.
WATCH the interview with Democratic Senator Joe Manchin on Fireing Line: