Skip to content
Search

Latest Stories

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

Man wearing Trump hat watches Trump on TV

Trump’s 10-to-1 rule aims to cut red tape, but fewer regulations can mean weaker food safety, Head Start services, and checks on presidential power.

Wu Xiaoling/Xinhua via Getty Images

Trump’s 10-to-1 Rule Gives the Presidency Too Much Power

We only think about the plumbing in our homes when something goes wrong. The same is true for government bureaucracy. Rules, procedures, and bureaucrats operate largely out of sight, making sure food is safe, Social Security checks arrive, workplaces are safe, and children with disabilities receive the services promised to them by law. Yes, there is plenty of red tape in government, just as an old house can accumulate pipes that no longer serve much purpose. But ripping out pipes simply because there are too many of them is not much of a plumbing strategy. Yet the Trump administration has made the number of federal regulations it eliminates a measure of success. That raises a more important question: When does cutting bureaucracy stop making government more efficient and start making it less capable?

1. The Case for Cutting Red Tape

Keep ReadingShow less
US Capitol building
white dome building near body of water during daytime
Photo by José Matute on Unsplash

We The People

On November 19, 1863, President Abraham Lincoln concluded the Gettysburg Address with a vision of democracy that has endured for more than a century:

“That this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.”

Keep ReadingShow less
The U.S. Capitol in autumn.

New surveys of nearly 20,000 battleground voters find bipartisan majorities say Congress ignores the public, and that more public influence would help.

Philip Yabut/Getty Images

Americans Say the People Can Lead Congress to Common Ground; It Appears They Are Right

New surveys in battleground states and districts across the country, as well as nationwide, find that Americans—both Republicans and Democrats—believe Congress does what most Americans would do less than half the time.

They also found that majorities agree that if Congress were to be more influenced by the people, it would be more likely to find common ground. In fact, surveys show that majorities of Republicans and Democrats agree on what to do about many issues that Congress is stuck on.

Keep ReadingShow less