EXPLAINER: Why the 14th Amendment has surfaced in midterms

RALEIGH, N.C. (AP) — An 1868 amendment to the U.S. Constitution best known for protecting the due process rights of previously enslaved Americans has resurfaced in certain congressional races this year.

Some attorneys and voters believe a rarely cited section of the 14th Amendment dealing with insurrection can disqualify a handful of U.S. House members from seeking reelection for events surrounding the Jan. 6, 2021, riot at the Capitol.

First-term Republican firebrands Madison Cawthorn of North Carolina and Marjorie Taylor Greene of Georgia are among those targeted. Both are strong supporters of former President Donald Trump who have pushed his unsubstantiated claims of voter fraud in the 2020 presidential election.

It's a largely untested argument working its way through election agencies in at least three states, with little success so far. But court cases and appeals could address the extent to which state officials can scrutinize the minimum qualifications for candidates for federal office.

WHAT DOES THE 14TH AMENDMENT SAY?

There are five sections to the amendment. The best-known declares that no state can “deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Section 3 of the amendment also declares that no one can serve in Congress “who, having previously taken an oath, as a member of Congress ... to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same.” This section was designed to keep representatives who had fought for the Confederacy during the Civil War from returning to Congress. The amendment, however, allows Congress to pass laws that can remove such restrictions.

HOW COULD IT APPLY TO LAWMAKERS TODAY?

Voters from...