Democrat wants to use Civil War law about traitors to ban 126 Republicans from being seated in Congress
(Photo credit: Lorie Shaull)

Only one-third of the Republicans elected to Congress in 2020 will be seated in Congress come January if one New Jersey Democrat has his way.

Rep. Bill Pascrell, Jr. (D-NJ) argued on Friday that the 126 Republicans seeking to overturn election results should not be seated in Congress.

House Minority Leader Kevin McCarthy on Friday joined the group seeking to overturn the election results in four states.

Rep. Pascrell believes Section 3 of the 14th Amendment should be invoked to keep the Republicans from holding office.

"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof," the 14th Amendment reads.

Pascrell offered his analysis as why such a move is necessary.

"Stated simply, men and women who would act to tear the United States government apart cannot serve as Members of the Congress. These lawsuits seeking to obliterate public confidence in our democratic system by invalidating the clear results of the 2020 presidential election undoubtedly attack the text and spirit of the Constitution, which each Member swears to support and defend," Pascrell wrote.

"Consequently, I call on you to exercise the power of your offices to evaluate steps you can take to address these constitutional violations this Congress and, if possible, refuse to seat in the 117th Congress any Members-elect seeking to make Donald Trump an unelected dictator," Pascrell explained.