Republicans Weigh Using 14th Amendment to Ban Mamdani From Office

Mamdani, a Democratic Socialist and state assemblyman representing Queens, has previously urged communities to “resist ICE” during immigration crackdowns and has supported groups critical of U.S. foreign policy. His critics say those actions demonstrate hostility toward federal institutions.

Supporters, however, argue the accusations are baseless and politically motivated. They describe Mamdani as a progressive voice focused on housing, public transit, and social justice — not rebellion. Legal experts also note that applying Section 3 of the 14th Amendment in this case would face significant constitutional and evidentiary challenges.

The “insurrection clause,” originally written to bar former Confederates from power after the Civil War, has seen renewed interest in recent years amid efforts to disqualify public officials accused of encouraging or supporting political violence.

House Republicans are reportedly exploring whether federal courts or congressional resolutions could intervene in Mamdani’s potential swearing-in, though it remains unclear whether such action would have any legal standing in a municipal race.

Mamdani’s campaign has not issued a formal response, though allies have denounced the push as “anti-democratic.”

The controversy underscores how constitutional disputes are increasingly shaping local and national political battles.