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H.R. 1405: To provide a cause of action to remove and bar from holding office certain individuals who engage in insurrection or rebellion against the United States, and for other purposes.

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About the bill

Should that day’s rioters, who broke federal law, be allowed to serve in potential future political positions?


It’s long been one of the more obscure clauses in the Constitution. The Fourteenth Amendment’s Section 3 prevents anybody who currently or previously served in political office, then engaged in insurrection against the United States, from holding political office again.

Ratified in 1868, not long after the Civil War, its aim was to prevent former Confederates from serving in political office, particularly in Congress. However, the constitutional amendment

also contained a provision allowing its ban to be waived in specific cases with a two-thirds vote of both the House and Senate. Indeed, only four years later, the Amnesty Act of 1872 allowed most former Confederates to serve in office once again.

For …

Sponsor and status

Steve Cohen

Sponsor. Representative for Tennessee's 9th congressional district. Democrat.

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Last Updated: Feb 26, 2021
Length: 15 pages
Feb 26, 2021
117th Congress (2021–2023)

Introduced on Feb 26, 2021

This bill is in the first stage of the legislative process. It was introduced into Congress on February 26, 2021. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.

Other activity may have occurred on another bill with identical or similar provisions.


1 Cosponsor (1 Democrat)

3% chance of being enacted according to Skopos Labs (details)


Feb 26, 2021

Bills and resolutions are referred to committees which debate the bill before possibly sending it on to the whole chamber.

If this bill has further action, the following steps may occur next:
Passed Committee

Passed House

Passed Senate

Signed by the President

H.R. 1405 is a bill in the United States Congress.

A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law.

Bills numbers restart every two years. That means there are other bills with the number H.R. 1405. This is the one from the 117th Congress.

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“H.R. 1405 — 117th Congress: To provide a cause of action to remove and bar from holding office certain individuals ….” 2021. August 9, 2022 <>

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