[20020415]RS21196_被判重罪的众议院议员的身份.pdf

1 The Fourteenth Amendment to the Constitution, at Section 3, provides a disqualification for onewho, having taken an oath of office to support the Constitution, “engages in insurrection orrebellion against,”or aids or abets the enemies of, the United States. This disqualification does notappear to be self-executing with respect to a Member, and would appear to require some act on thepart of the House to find and declare a seat vacant on the grounds of such disqualification.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21196April 15, 2002Status of a Member of the House Who HasBeen Convicted of a FelonyJack MaskellLegislative AttorneyAmerican Law DivisionSummaryMembers of Congress do not automatically “forfeit” their offices upon convictionof a crime which constitutes a felony. There is no constitutional disability ordisqualification from Congress for conviction of a crime, other than for certaintreasonous conduct. Members of the House are, however, instructed not to vote incommittee or on the House floor once they have been convicted of a crime thepunishment for which may be two or more years imprisonment. Furt