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."

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.

Read More

Carolyn Lukensmeyer Turns 80: A Life of Commitment to “Of, By, and for the People”

Carolyn Lukensmeyer.

The National Institute for Civil Discourse and New Voice Strategies

Carolyn Lukensmeyer Turns 80: A Life of Commitment to “Of, By, and for the People”

I’ve known Dr. Carolyn Lukensmeyer for over a decade, first meeting her about a decade ago. Dr. Lukensmeyer is a nationally renowned expert in deliberative democracy, a former executive director emerita of the National Institute for Civil Discourse, and a member of the American Academy of Arts & Sciences’ Commission on the Practice of Democratic Citizenship.

On the weekend of her 80th birthday, former colleagues, clients, and friends offered a look at Dr. Lukensmeyer’s extraordinary commitment to “of, by, and for the peoples,” from her earlier days in Iowa and Ohio to the present day.

Keep ReadingShow less
Public Health: Ban First, Study Later? The Growing Assault on Fluoridated Water

Someone getting tap water.

Getty Images, urbazon

Public Health: Ban First, Study Later? The Growing Assault on Fluoridated Water

On May 15, Florida became the second state in the nation to ban fluoride from public drinking water. The bill, signed by Governor Ron DeSantis, is set to go into effect on July 1. Utah’s Governor Spencer Cox enacted a similar ban that went into effect this May. Five other states—Kentucky, Louisiana, Massachusetts, Nebraska, and South Carolina—have introduced bills that aim to ban fluoride in public drinking water.

Fluoride is a mineral that, in small quantities, has proven to be effective against tooth decay, caused by bacteria that form in the mouth when we eat or drink. The American Academy of Pediatrics states on its website that studies have shown water fluoridation, an intentional treatment process of public drinking water, reduces tooth decay by about 25% in children and adults alike.

Keep ReadingShow less
POLL: Americans Wary About The President Taking Unconventional Actions
APM Research Lab

POLL: Americans Wary About The President Taking Unconventional Actions

Americans show a strong preference for their elected executives — governors as well as the president — to achieve their political goals through conventional, sometimes slow, procedures, according to the McCourtney Institute for Democracy’s latest Mood of the Nation Poll.

Results showed marked partisan differences. For example, 26% of all survey respondents rated a presidential action of firing all recently hired federal employees as “very appropriate,” including only four percent of Democrats and just over half of Republicans.

Keep ReadingShow less
The U.S. Is Rushing To Make AI Deals With Gulf Countries, But Who Will Help Keep Children Safe?

A child's hand holding an adult's hand.

Getty Images, LaylaBird

The U.S. Is Rushing To Make AI Deals With Gulf Countries, But Who Will Help Keep Children Safe?

As the United States deepens its investments in artificial intelligence (AI) partnerships abroad, it is moving fast — signing deals, building labs, and exporting tools. Recently, President Donald Trump announced sweeping AI collaborations with Gulf countries like Saudi Arabia and the United Arab Emirates. These agreements, worth billions, are being hailed as historic moments for digital diplomacy and technological leadership.

But amid the headlines and handshakes, I keep asking the same question: where is child protection in all of this?

Keep ReadingShow less