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Discussion of a relatively obscure clause in the U.S. Constitution that would disqualify certain individuals from holding office began shortly after the Jan. 6, 2021, attack at the U.S. Capitol. It began among law professors and lawyers who had been looking at Section 3 of the 14th Amendment, which was ratified into the Constitution after the Civil War to keep former Confederates out of federal and state government. The clause was reintroduced into the legal debate during the 2022 midterm elections, when government watchdog groups mounted serious challenges to elected officeholders efforts that some lawyers have called a "test run" for applying the legal theory to former President Donald Trump.

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