How the 14th Amendment’s disqualification clause has played out historically — and now.
As the march toward the Civil War escalated, Vance initially opposed secession but eventually served in the Confederate Army. He also served as the Confederate governor of North Carolina.
After the war, in 1870, he was appointed senator from North Carolina, but the Senate refused to seat him, citing the 14th Amendment. After spending two years in Washington trying to get an amnesty, he gave up.But only a few years later, Washington was handing out amnesty like candy, defeating the whole purpose of the clause. Vance got his in 1875 and was elected to the Senate three years later. Not only did he serve until his death in 1894;in the U.S.
Berger had a very different story, though he ended up in the same pickle as Vance. Born into a Jewish family in the Austrian empire, he immigrated to the United States as a young man in 1878. He became a successful publisher in Milwaukee of both English- and German-language newspapers.Berger was a leading voice of the “Sewer Socialists,” who believed socialist objectives could be achieved through elections and good governance, no violent revolution necessary.
Then World War I began, and with it came the First Red Scare. Berger was against the war and said so in his editorials, and in 1918 that was enough for him to be charged with “disloyal acts” under the Espionage Act. He was running for Congress again while under indictment, and soon after he won the election that November, he was convicted and sentenced to 20 years in federal prison.
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