• Home
  • Opinion
  • Quizzes
  • Redistricting
  • Sections
  • About Us
  • Voting
  • Events
  • Civic Ed
  • Campaign Finance
  • Directory
  • Election Dissection
  • Fact Check
  • Glossary
  • Independent Voter News
  • News
  • Analysis
  • Subscriptions
  • Log in
Leveraging Our Differences
  • news & opinion
    • Big Picture
      • Civic Ed
      • Ethics
      • Leadership
      • Leveraging big ideas
      • Media
    • Business & Democracy
      • Corporate Responsibility
      • Impact Investment
      • Innovation & Incubation
      • Small Businesses
      • Stakeholder Capitalism
    • Elections
      • Campaign Finance
      • Independent Voter News
      • Redistricting
      • Voting
    • Government
      • Balance of Power
      • Budgeting
      • Congress
      • Judicial
      • Local
      • State
      • White House
    • Justice
      • Accountability
      • Anti-corruption
      • Budget equity
    • Columns
      • Beyond Right and Left
      • Civic Soul
      • Congress at a Crossroads
      • Cross-Partisan Visions
      • Democracy Pie
      • Our Freedom
  • Pop Culture
      • American Heroes
      • Ask Joe
      • Celebrity News
      • Comedy
      • Dance, Theatre & Film
      • Diversity, Inclusion & Belonging
      • Faithful & Mindful Living
      • Music, Poetry & Arts
      • Sports
      • Technology
      • Your Take
      • American Heroes
      • Ask Joe
      • Celebrity News
      • Comedy
      • Dance, Theatre & Film
      • Diversity, Inclusion & Belonging
      • Faithful & Mindful Living
      • Music, Poetry & Arts
      • Sports
      • Technology
      • Your Take
  • events
  • About
      • Mission
      • Advisory Board
      • Staff
      • Contact Us
Sign Up
  1. Home>
  2. Big Picture>
  3. protests>

What we mean when we use words like sedition and insurrection

Our Staff
January 08, 2021
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."

Sign up for The Fulcrum newsletter

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.

From Your Site Articles
  • Images from riot at Capitol - The Fulcrum ›
  • How to fight Trump's voter intimidation army - The Fulcrum ›
  • Citizens must demand middle ground on use of domestic force - The ... ›
  • Fact checking Trump's power to use the Insurrection Act - The Fulcrum ›
  • Podcast playlist: insurrection at the Capitol - The Fulcrum ›
  • After the attack, Congress struggles to keep from breaking - The Fulcrum ›
  • Unconscious biases can have deadly consequences - The Fulcrum ›
  • Can panel investigating insurrection compel Trump testimony? - The Fulcrum ›
Related Articles Around the Web
  • Seditious Conspiracy? Rebellion? Insurrection? Whatever the ... ›
  • Insurrection, coup, or sedition: What to call the pro-Trump riots ... ›
  • What Does Insurrection or Sedition Mean? Definition of Words Used ... ›
  • What 'insurrection,' 'sedition' and 'coup' mean - CNN ›
protests

Want to write
for The Fulcrum?

If you have something to say about ways to protect or repair our American democracy, we want to hear from you.

Submit
Get some Leverage Sign up for The Fulcrum Newsletter
Follow
Contributors

Reform in 2023: Leadership worth celebrating

Layla Zaidane

Two technology balancing acts

Dave Anderson

Reform in 2023: It’s time for the civil rights community to embrace independent voters

Jeremy Gruber

Congress’ fix to presidential votes lights the way for broader election reform

Kevin Johnson

Democrats and Republicans want the status quo, but we need to move Forward

Christine Todd Whitman

Reform in 2023: Building a beacon of hope in Boston

Henry Santana
Jerren Chang
latest News

Ron DeSantis and the rise of political racism

Lawrence Goldstone
20h

Curriculum regulations and book bans: Modern day anti-literacy laws?

Katherine Kapustka
20h

Podcast: 2024 Senate: Democrats have a lot of defending to do

Our Staff
20h

Podcast: Collage: The promise of Black History Month

Our Staff
01 February

Steward leadership

David L. Nevins
01 February

Sharing a common fate

Kevin Frazier
01 February
Videos

Video: The Supreme Court and originalism

Our Staff

Video: How the baby boom changed American politics

Our Staff

Video: What the speakership election tells us about the 118th Congress webinar

Our Staff

Video: We need more bipartisan commitment to democracy: Pennsylvania governor

Our Staff

Video: Meet the citizen activists championing primary reform

Our Staff

Video: Veterans for Political Innovation - Who we are

Our Staff
Podcasts

Podcast: 2024 Senate: Democrats have a lot of defending to do

Our Staff
20h

Podcast: Collage: The promise of Black History Month

Our Staff
01 February

Podcast: Separating news from noise

Our Staff
30 January

Podcast: Deepening democracy in the states

Our Staff
27 January
Recommended
Ron DeSantis and the rise of political racism

Ron DeSantis and the rise of political racism

Big Picture
Curriculum regulations and book bans: Modern day anti-literacy laws?

Curriculum regulations and book bans: Modern day anti-literacy laws?

Big Picture
Podcast: 2024 Senate: Democrats have a lot of defending to do

Podcast: 2024 Senate: Democrats have a lot of defending to do

Podcasts
Video: The Supreme Court and originalism

Video: The Supreme Court and originalism

Justice
Podcast: Collage: The promise of Black History Month

Podcast: Collage: The promise of Black History Month

Podcasts
Steward leadership

Steward leadership

Big Picture