House Republicans are weighing an unprecedented move to stop New York City mayor-elect Zohran Mamdani from assuming office — invoking the U.S. Constitution’s post–Civil War “insurrection clause.” The push, spearheaded by conservative activists and lawmakers, reflects a growing ideological clash following Mamdani’s historic victory as the city’s first Muslim and socialist mayor.
GOP Cites “Insurrection Clause” to Challenge Mamdani’s Eligibility
The New York Young Republican Club has taken the lead in advancing the argument that Mamdani’s past activism and statements disqualify him under Section 3 of the 14th Amendment. That clause bars individuals who have “engaged in insurrection or rebellion” or provided “aid or comfort” to America’s enemies from holding office.
Club president Stefano Forte told the New York Post that members are pushing for Congress to take action before Mamdani’s January swearing-in. “There is a real and legitimate push to see the insurrectionist Zohran Mamdani either removed from the ballot or from office,” Forte said.
The move parallels legal efforts previously aimed at barring former President Donald Trump from the ballot in several states. However, the Supreme Court ruled that only Congress — not individual states — has the power to enforce Section 3, effectively shifting the battleground to Washington.
Congressional Republicans Explore Next Steps
According to congressional aides, GOP leaders are exploring ways to interpret the Supreme Court’s ruling as giving them direct authority to act. Some House members are reportedly drafting a resolution declaring Mamdani ineligible under the insurrection clause.
Such an effort would face substantial barriers, including a Democratic-controlled Senate and inevitable court challenges. Still, the debate underscores how Section 3 of the 14th Amendment — a relic of Reconstruction — has reemerged as a political weapon in modern partisan battles.
Republicans currently hold a slim 219–213 majority in the House, giving them limited room to maneuver on contentious votes. Even so, some lawmakers see the Mamdani case as an opportunity to test the constitutional limits of congressional authority.
Citizenship Under Scrutiny
Parallel to the 14th Amendment challenge, several Republican lawmakers are pressing the Department of Justice to examine Mamdani’s citizenship. Representative Andy Ogles of Tennessee sent a letter to Attorney General Pam Bondi on Monday, requesting an investigation into what he called “statements inconsistent with the oath of allegiance required of new citizens.”
Ogles cited Mamdani’s 2018 naturalization, accusing him of “refusal to disavow violent anti-American rhetoric.” He claimed that Mamdani’s political affiliations — including membership in the Democratic Socialists of America — violated provisions barring association with communist or totalitarian groups.
Representative Randy Fine of Florida echoed those claims, alleging that Mamdani failed to disclose his involvement with organizations linked to radical causes. Fine went further, warning that “New York City falls to communism next week, and they will have nobody but themselves to blame.”
Legal Experts Question GOP Strategy
Constitutional scholars have raised doubts about whether Section 3 applies to Mamdani’s case. The clause was designed to prevent Confederate officials from holding office after the Civil War, not to police political ideology or dissent.
Legal analyst Joseph Fishkin noted, “To use the 14th Amendment against a democratically elected mayor because of his policy positions would be unprecedented and likely unconstitutional.” He added that any attempt to disqualify Mamdani would almost certainly be blocked in court.
Similarly, former Justice Department attorney Barbara McQuade called the move “a clear misuse of constitutional text meant to address armed rebellion, not progressive politics.” She said such tactics risk “turning every political disagreement into a constitutional crisis.”
Mamdani Responds to Accusations
Mamdani dismissed the claims as “political theater” designed to undermine a democratic election result. “No matter how many times these Republican Congress members or the president of this country call me a Communist, it doesn’t make it true,” he said.
The 34-year-old mayor-elect, who campaigned on affordable housing, public transit expansion, and progressive taxation, emphasized that he remains focused on the work ahead. “The people of New York chose change, and no amount of fearmongering will erase that mandate,” he told reporters.
Mamdani’s team noted that all his political and community affiliations were disclosed during his tenure in the New York State Assembly. His staff has also denied any ties to organizations advocating violence or illegal activity.
DOJ Acknowledges Letter but Offers No Comment
A Justice Department spokesperson confirmed receipt of Rep. Ogles’ letter but declined to comment on whether an investigation was underway. “The Department does not comment on the status of ongoing or potential investigations,” the spokeswoman said, citing delays caused by the ongoing government shutdown.
Legal observers say that while the Justice Department is obligated to review congressional correspondence, denaturalization cases are exceedingly rare and require clear evidence of fraud or deception — not ideological differences.
A Constitutional Clash Brewing
If Republicans proceed with a House vote or push for a DOJ probe, Mamdani’s case could set a precedent for how far Section 3 can be stretched. It would also test whether Congress can retroactively apply the clause to state or municipal officials.
Political strategists note that even if the effort fails, it could serve as a symbolic statement for GOP lawmakers eager to rally their base against the growing influence of democratic socialism in urban America.
For now, Mamdani remains undeterred. As he prepares to take office, he continues to emphasize inclusion, fairness, and working-class empowerment — values that, he says, “represent the true spirit of New York City.”
Emily Johnson is a critically acclaimed essayist and novelist known for her thought-provoking works centered on feminism, women’s rights, and modern relationships. Born and raised in Portland, Oregon, Emily grew up with a deep love of books, often spending her afternoons at her local library. She went on to study literature and gender studies at UCLA, where she became deeply involved in activism and began publishing essays in campus journals. Her debut essay collection, Voices Unbound, struck a chord with readers nationwide for its fearless exploration of gender dynamics, identity, and the challenges faced by women in contemporary society. Emily later transitioned into fiction, writing novels that balance compelling storytelling with social commentary. Her protagonists are often strong, multidimensional women navigating love, ambition, and the struggles of everyday life, making her a favorite among readers who crave authentic, relatable narratives. Critics praise her ability to merge personal intimacy with universal themes. Off the page, Emily is an advocate for women in publishing, leading workshops that encourage young female writers to embrace their voices. She lives in Seattle with her partner and two rescue cats, where she continues to write, teach, and inspire a new generation of storytellers.
