RANK AND FILE: THE DEPTH OF "OFFICER" UNDER SECTION THREE OF THE FOURTEENTH AMENDMENT

D'Antonio examines Section Three of the Fourteenth Amendment to the US Constitution, focusing on the central question of who constitutes an "Officer of the United States". Section Three was enacted after the Civil War to bar individuals who participated in insurrection or rebellion from holding public office. Its importance has increased following the January 6th Capitol Attack. He examines historical interpretations of "officer," including early Supreme Court cases like US v. Maurice and US v. Germaine. He also analyzes contemporary interpretations, particularly the impact of the expansion of the administrative state and recent Supreme Court decisions.