House Republicans are exploring legal and constitutional strategies to block New York City mayoral front-runner Zohran Mamdani from taking office if he wins Tuesday’s election, citing the Constitution’s post–Civil War “insurrection clause.” The effort, first reported by the New York Post, is being led by the New York Young Republican Club, which argues that Mamdani’s past statements urging people to “resist ICE” and his ties to left-wing groups could qualify as “giving aid or comfort to the enemies” of the United States — language taken directly from Section 3 of the 14th Amendment. That clause, enacted in 1868, bars from public office anyone who has “engaged in insurrection or rebellion” against the U.S. or provided assistance to its enemies.
Several House Republicans are examining whether Congress could enforce the clause through new legislation or a formal resolution after the election. The move echoes attempts in Colorado to disqualify former President Donald Trump from the ballot, which the Supreme Court ultimately overturned, ruling that only Congress has the power to enforce Section 3. Some GOP lawmakers now see that decision as giving them authority to act, though any attempt to declare Mamdani ineligible would face major legal and procedural challenges, including opposition in the Democrat-controlled Senate and likely court battles.
In addition, Republicans are urging the Justice Department to investigate Mamdani’s 2018 naturalization, claiming he may have violated his oath of allegiance. Rep. Andy Ogles (R-TN) sent a letter to Attorney General Pam Bondi alleging that Mamdani’s remarks show “refusal to disavow violent anti-American rhetoric.” Rep. Randy Fine (R-FL) accused Mamdani of hiding affiliations with socialist groups and supporting individuals convicted of aiding Hamas. Mamdani, a New York State Assembly member from Queens, rejected the accusations, calling them politically motivated efforts to “weaponize the law” against him.