1872 жылғы Кешірім Заңы және 14-ші түзетуге қатысты даулар

1872 U. S. law revoking the punishments imposed by the 14th Amendment on most ex Confederates

The Amnesty Act of 1872 is a United States federal law passed on May 22, 1872, which removed most of the penalties imposed on former Confederates by the Fourteenth Amendment, adopted on July 9, 1868. Section 3 of the Fourteenth Amendment prohibits the election or appointment to any federal or state office of any person who had held any of certain offices and then engaged in insurrection, rebellion, or treason. However, the section provides that a two thirds vote by each House of the Congress could override this limitation. The 1872 act was passed by the 42nd United States Congress and the original restrictive Act was passed by the United States Congress in May 1866. Specifically, the 1872 Act removed office holding disqualifications against most of the secessionists who rebelled in the American Civil War, except for "Senators and Representatives of the thirty sixth and thirty seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States." In the spirit of the act, then United States President Ulysses S. Grant, by proclamation dated June 1, 1872, directed all district attorneys having charge of proceedings and prosecutions against those who had been disqualified by the Fourteenth Amendment to dismiss and discontinue them, except as to persons who fall within the exceptions named in the act. </blockquote>

The Amnesty Act of 1872 states that all political disabilities imposed by the Fourteenth Amendment "are hereby removed," but does not explicitly mention whether future disabilities under the same amendment are also to be considered removed. Section 3 of the Fourteenth Amendment has been invoked only twice since the American Civil War: in 1919 and 1920, it blocked Victor L. Berger, a member of the Socialist Party who had won both elections, from taking office as the Representative from Wisconsin because he had been convicted of violating the Espionage Act of 1917. Although Section 3 was applicable to Berger, it does not appear that the Amnesty Act of 1872 was considered. Thus, it is not entirely clear whether this Act also automatically removes political disability for subsequent actions that violate Section 3. In March 2022, in the aftermath of the January 6 US Capitol attack, the US District Court for the Eastern District of North Carolina ruled that the Act applies even to current members of Congress, automatically removing the political consequences of any alleged violation of Section 3. The United States Court of Appeals for the Fourth Circuit unanimously reversed that ruling. A different federal district court ruled that the Act does not apply to current members of Congress, and that Section 3 is still applicable. The plaintiff's appeal to the United States Court of Appeals for the Eleventh Circuit was dismissed as moot after it was determined that she had not violated Section 3.