Skip to content
Search

Latest Stories

Follow Us:
Top Stories

What we mean when we use words like sedition and insurrection

Rioters storm the Capitol

Pro-Trump rioters breached Capitol security and stormed the building Wednesday.

Win McNamee/Getty Images

From the moment a pro-Trump rally turned into an anti-democracy riot at the U.S. Capitol on Wednesday, we have heard the repeated use of terms like sedition and insurrection. But as we know, words matter.

So The Fulcrum asked Doron Kalir, clinical professor of law at Cleveland State University's Cleveland-Marshall College of Law, to help turn legal definitions into language everyone can understand.


Sedition

"In essence, sedition occurs whenever two or more people conspire to overthrow or destroy by force the government of the United States, or to oppose by force its authority. The criminal prohibition against sedition appears in 18 U.S.C. (U.S. Code) § 2384, and carries a penalty of up to 20-year imprisonment. Interestingly, the law contains specific language against conspiracies to use force in order to 'seize, take, or possess any property of the United States contrary to the authority' of the government."

Insurrection

"An insurrection occurs whenever an organized and armed uprising takes place against the authority of the United States. The criminal prohibition against insurrection can be found in 18 U.S.C § 2383, which states that 'whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States ... or give aid or comfort thereto' shall be subject to up to 10 years in prison. Interestingly, the act adds that that person shall also be "incapable of holding any [Federal] office."

Treason

"Treason is the offense of attempting to overthrow the government of the United States, either by making war against it or by materially supporting its enemies. The criminal prohibition against treason can be found in the U.S. Constitution, Art. III § 3 ('Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.'). According to U.S.C. § 2381, treason can be punishable by death, and in any event no less than five years' imprisonment. Again, a person convicted of treason cannot serve in public (federal) office."

25th Amendment

"The 25th Amendment of the U.S. Constitution was ratified in 1967. It was adopted in part due to lessons learned following the Kennedy assassination. The amendment has four parts, the last of which is of interest today. It allows the vice president, together with a majority of the Cabinet members, to author a 'written declaration (attesting) that the President is unable to discharge the powers and duties of his office.' When such a letter is sent to the House and the Senate, 'the Vice President shall immediately assume the powers and duties of the office as Acting President.' The section continues to explain what happens afterwards, but due to the short time that remains for the current administration, that is likely moot. That section of the 25th Amendment has never been used, and no vice president has ever been declared an 'Acting President.' Again, to trigger this section, a majority of Cabinet members — all of whom are nominated by the sitting president — have to agree to declare him as 'unable to discharge' his duties. That is not likely to happen anytime soon."

Other terms that have been used — like banana republic, coup, and putsch — may be fun to say but have no legal definition.


Read More

Typing on a computer
person using laptop

America Needs a Digital Equity Policy, Not Just Tech Innovation

The United States invests billions in artificial intelligence research and development‚ semiconductor fabrication‚ and next-generation connectivity. Yet millions of Americans cannot consistently access the internet or afford the devices needed to submit an online application for social services or a job application․ This is not an oversight․ It is a policy choice that is costing the country dearly․

Connectivity is a floor, not a ceiling:

Keep ReadingShow less
The election voting process, bidding, hands raised up with papers

Confidence in U.S. elections has fallen to 55% ahead of the 2026 midterms. The real risk isn't who wins — it's whether the loser accepts it.

Svetlana Shamshurina/Getty Images

The Real Test of the 2026 Midterms Comes After the Vote

Less than three months before Americans vote in the 2026 midterms, a federal judge on August 11 blocked the U.S. Postal Service from implementing part of President Donald Trump’s executive order tightening mail-in voting rules. The ruling came amid an intensifying fight over how November’s elections will be administered. That fight underscores a deeper problem: the real question in American politics is no longer simply who wins the next election, but whether large numbers of people will still accept the result when their side loses.

Elections in the United States were supposed to settle arguments. One side wins, the other accepts defeat, and the country moves on. That quiet agreement is under growing pressure as the midterms approach. Control of Congress still matters, but beneath that contest lies a more consequential question: if the outcome goes against one of the two major political camps, will that camp still trust the process that declared it the loser?

Keep ReadingShow less
 Unrecognizable doctor prescribing pharmacy to patient.

After a 30-year decline, U.S. abortions are rising again. Texas data suggests bans may shift where abortions happen — not whether they do.

Natalia Gdovskaia/Getty Images

Pro-Life and Pro-Choice: Bridging the Gap

Introduction

We have spent decades arguing about abortion policy on ideological grounds. I think we now have an opportunity to step back, look at what actually happened, and ask a more fundamental question: What policies actually reduce the number of abortions?

I believe that is a question on which pro-life and pro-choice people should be able to agree. Whatever our differences about abortion itself, surely, we can agree that fewer abortions would be a good outcome.

Keep ReadingShow less
U.S. Capitol.

A rundown of the House bills most likely to become law this week — from seafood fraud enforcement to a sanctions bill critics call a tariff bill.

Photo by Andy Feliciotti on Unsplash

Both Chambers in Session this Week

Last Minute Rush

We’re not going to describe every bill the House aims to take action on this week because there’s lots. Instead, we’re going to focus on the ones that will become law if passed by the House and pull a few notable bills at the beginning of the legislative process. We’ll use the same level of discretion at the end of this week when we review what actually happened between today, Monday Sept. 14 and Friday, Sept. 18.

Probable New Laws

In addition to the bills listed below are also a couple of park renamings. All of these will, if passed, then go to the President for signing and once that’s done, become law.

Keep ReadingShow less