House Republicans Move to Challenge Mayoral-Elect’s Eligibility Under ‘Insurrection Clause’

A new constitutional battle is brewing in Washington as House Republicans explore ways to block New York City mayoral-elect Zohran Mamdani from taking office, citing the post–Civil War “insurrection clause” of the U.S. Constitution. The move, described by insiders as both legally complex and politically explosive, could ignite one of the most contentious eligibility fights in modern American politics.

The effort, first reported by The New York Post, is being driven by members of the New York Young Republican Club and several House conservatives who claim that Mamdani’s past activism and rhetoric amount to disqualifying conduct under Section 3 of the 14th Amendment. That rarely invoked provision prohibits anyone who has “engaged in insurrection or rebellion” against the United States—or who has “given aid or comfort” to its enemies—from holding public office.

Republicans leading the charge argue that Mamdani’s prior remarks encouraging activists to “resist ICE” and his associations with far-left political organizations demonstrate sympathy for movements hostile to the U.S. government. “There is a real and legitimate push to see this candidate either removed from the ballot or prevented from taking office,” said Stefano Forte, president of the New York Young Republican Club.

Section 3 of the 14th Amendment was originally designed to keep former Confederate officials out of power after the Civil War, but its meaning and scope have re-emerged in recent political disputes — most notably in the failed attempts to bar Donald Trump from several state ballots during the 2024 presidential election cycle.

In those cases, the U.S. Supreme Court ultimately ruled that individual states cannot enforce the clause on their own, holding that only Congress has the authority to determine whether someone is ineligible under its provisions. That decision has now inspired some Republican lawmakers to consider using that same authority to target Mamdani’s election.

According to two congressional aides familiar with the matter, House leadership is discussing the possibility of a post-election vote that would formally declare Mamdani ineligible to serve as mayor under the 14th Amendment. If such a measure advances, it would mark the first time in more than a century that Congress has attempted to enforce the insurrection clause against an elected official.

However, even Republican strategists acknowledge the obstacles ahead. Any such action would face immediate legal challenges and could be blocked by the Democrat-controlled Senate, where procedural roadblocks like the filibuster remain a powerful deterrent.

In addition to the 14th Amendment push, a parallel effort is gaining traction among some GOP lawmakers to scrutinize Mamdani’s path to U.S. citizenship. Representative Andy Ogles (R-TN) sent a letter to Attorney General Pam Bondi on Monday, urging the Justice Department to review whether the incoming mayor violated the terms of his naturalization oath.

Ogles accused Mamdani, who immigrated to the United States from Uganda and became a citizen in 2018, of making statements inconsistent with the oath’s requirement to “renounce and abjure all allegiance” to other entities and ideologies opposed to the Constitution. He further alleged that Mamdani’s political activism and comments defending controversial figures reflect a “pattern of conduct inconsistent with the duties of American citizenship.”

Ogles shared portions of his letter publicly, claiming on X (formerly Twitter) that the candidate “came to this country to undermine its values from within.” He stopped short of specifying what kind of legal action he expected from the Justice Department but urged officials to consider denaturalization proceedings if violations are found.

Representative Randy Fine (R-FL) joined Ogles in calling for an inquiry, asserting that Mamdani may have failed to disclose past affiliations with socialist organizations when applying for citizenship. Fine claimed that federal immigration law prohibits new citizens from membership in groups advocating communist or totalitarian ideologies, and said Mamdani’s record should be examined “with the same rigor applied to anyone seeking to serve in public office.”

Mamdani, for his part, has strongly denied all allegations, calling the accusations “a desperate act of political theater.” In remarks to The Post, he said: “No matter how many times these Republicans or the president of this country call me a Communist, it doesn’t make it true. This is an attempt to weaponize the Constitution against a duly elected official.”

The Justice Department has not publicly confirmed whether it will act on Ogles’ request. A department spokeswoman acknowledged receipt of the letter but said responses to congressional correspondence have been delayed due to the ongoing government shutdown. “The Department does not comment on ongoing or potential investigations,” she said.

While the political and legal maneuvering continues, constitutional scholars warn that invoking the insurrection clause could set a dangerous precedent. “This provision was crafted for a very specific historical purpose — the aftermath of the Civil War,” said Dr. Harold Benton, a professor of constitutional law at Georgetown University. “Using it as a political tool today risks eroding public confidence in the legitimacy of elections.”

For now, Mamdani’s inauguration remains scheduled, though the uncertainty surrounding his eligibility could lead to a prolonged standoff. What began as a city election may soon escalate into a constitutional showdown — one that could test the boundaries of congressional authority and the meaning of loyalty in modern American politics.