Section 3 Definitions U.S. Fish & Wildlife Service

Generally, the courts have interpreted section 3 as being more generous than simply providing a right to vote. As stated in the case Figueroa v. Canada (2003),[8] the section has been viewed as a constitutional guarantee to “play a meaningful role in the electoral process,” which in turn encourages governmental “respect for a diversity of beliefs and opinions.” This does not mean, however, that interest groups have complete freedom to promote their beliefs and opinions. Since the voter must have an opportunity to balance various ideas in his or her own mind before meaningfully participating in an election, the Supreme Court has, in the case Harper v. Canada (Attorney General) (2004),[9] upheld laws that limit the amount of money a single group can contribute in the election (to prevent a monopolization of the campaign).

YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226). Targeted Section 3 worker has the meanings provided in §§ 75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction. Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient https://turbo-tax.org/section-3-of/ to encompass a population of 5,000 people according to the most recent U.S. (3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.

Legacy Contracts (Pre-11/30/

(iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance. Non-construction services that require an advanced degree or professional licensing, including but not limited to; contracts for legal services, financial consulting, accounting services, environmental assessment, architectural services, and civil engineering services. Professional service hours worked are not required to be included in reporting of labor hours worked. Ratified in the aftermath of the Civil War, Section 3 of the Fourteenth Amendment explicitly disqualifies any person from public office who, having previously taken an oath as a federal or state office holder, engaged in insurrection or rebellion.

They are an obscure county commissioner in New Mexico, Couy Griffin, and former President Trump. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. (b) PHAs or other recipients must require contractors to include language in any contract or agreement to apply Section 3 to subcontractors. (a) PHAs or other recipients must include language in any agreement or contract to apply Section 3 to contractors. (13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses. (6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care).

FBI, DHS Failed to Take Jan. 6 Threats Seriously, Senate Report Says

One of Trump’s own lawyers at that impeachment conceded that the event was an “insurrection.” At least two judges of the U.S. A third potential barrier is the claim that Section 3 is not “self-executing.” This argument is based on Griffin’s Case, an 1869 habeas corpus action decided by Chief Justice Salmon Chase sitting as a circuit judge. In that dispute, Griffin, a freed slave, was arguing that his felony conviction for a “shooting with intent to kill” was null and void because the judge who presided at his trial should have been disqualified under Section 3 due to his service in the Confederacy. By that he meant that Section 3 could not be enforced until Congress enacted a method for enforcing it, which it hadn’t yet done. Accordingly, the judge who presided at Griffin’s trial—even if theoretically disqualified under the letter of Section 3—had been entitled to remain in office at the time he presided over Griffin’s trial.

• I say “disquietingly” because the prospect of seeing his name blocked from the ballot in at least some states—though certainly not in others—gives pause in terms of both the violence it might unleash among his followers and the chaos it could bring to the 2024 presidential election.
• It is necessary, however, that the rising should be in opposition to the execution of the laws of the United States, and should be so formidable as for the time being to defy the authority of the United States.
• All-source, public repository of congressional hearing transcripts, government agency documents, digital forensics, social media analysis, public opinion surveys, empirical research, more.
• The program  helps low-income residents gain the skills and jobs needed to become self-sufficient.
• Section 3 also applies to all subcontracts exceeding $100,000 for Section 3 covered projects.

(1) Consistent with existing Federal, state, and local laws and regulations, PHAs and other recipients of public housing financial assistance, and their contractors and subcontractors, must make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers. Should the Attorney General prove, by clear and https://turbo-tax.org/ convincing evidence, that an officeholder or former officeholder engaged in insurrection or rebellion, that individual would be disqualified from holding public office. Also under this legislation, disqualified individuals would forfeit any benefits derived from their service in federal office and would be prohibited from obtaining contracts with the federal government.

The Electronic Code of Federal Regulations

Your login credentials do not authorize you to access this content in the selected format. Access to this content in this format requires a current subscription or a prior purchase. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. (v) An employer’s certification that the worker is employed by a Section 3 business concern.

• Its provisions are not triggered simply by engaging in insurrection (or rebellion).
• Section 3 requires that “to the greatest extent feasible,” businesses working on projects that receive certain financial assistance from HUD must make a good faith effort to train and hire Section 3 Workers, and contract with Section 3 Business Concerns.
• Part I uses sources from and contemporary to the drafting of the Fourteenth Amendment alongside recent secondary sources to determine what Section 3 means.

(12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts. Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant-based assistance under Section 8 of the 1937 Act. If it were to be repealed or weakened there would be a highly complex task of reversing its impact. Unwinding the effect of s.3 as it has been used until now would likely create considerable uncertainty – both as to the impact of prior decisions and how courts would approach statutory interpretation going forward.

(iv) To low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended. Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies. (ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment.

• What Republicans thought that provision meant and how they planned to implement that provision must be determined primarily from the debates over the omnibus Fourteenth Amendment.
• Individuals disqualified from office under the section are excluded from future service in either chamber of Congress, as an elector of president or vice president, as a member of any office, civil or military, under the United States (including the office of the president or vice president), or under any state.
• The City of Cincinnati’s Department of Community and Economic Development to enhance economic opportunity hosts a public meeting called Meet & Confer.
• (3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
• (c) PHAs or other recipients must require all contractors and subcontractors to meet the requirements of § 75.9, regardless of whether Section 3 language is included in contracts.
• Although the House select committee on the January 6th attack has interviewed more than 1,000 people in the course of its probe, it is believed to have obtained almost no cooperation from those senators and representatives most likely to be targeted in Section 3 challenges—those closest to Trump.

Additional federal enforcement legislation is necessary only in the sense that it would ensure that every single individual within the scope of the 14th Amendment’s disqualification clause can be held accountable for their actions with regards to engaging in insurrection or rebellion, or giving aid and comfort to enemies of the United States. Cases applying the disqualification clause to former Confederates after the Civil War provide some guidance about what sort of conduct rises to the level of “engaging” in insurrection. Section 3 of the Housing and Urban Development Act of 1968 provides economic and employment opportunities to low and very low income individuals.

Recipients must include language applying Section 3 requirements in any sub-recipient agreement or contract for Section 3 project. A fair case can be made that the government of the United States no longer works as either the first or second framers anticipated. That, however, is good reason for doing what we think is best rather than trying to figure out how people who failed to anticipate contemporary political developments might act in our times. In short, outside the context of seating members and receiving Electoral College votes, the assumption was that Congress would proceed through normal legislation, naming names, and that legislation would become law if signed by the president or, if vetoed, approved in a second vote by 2/3s of the members of both Houses.

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The Constitution of the United States: A Transcription

A team of health professionals assessed your mental health and decided that the best way to provide the care and treatment you need is to admit you to hospital under Section 3 for treatment. The team of professionals would be an Approved Mental Health Professional known as an AMHP and two doctors. One doctor is Section 12 approved and has specialist experience in the treatment and diagnosis of mental illness and the other will be a registered practitioner usually a doctor who knows you, such as your GP. (12) The term “permit or license applicant” means, when used with respect to an action of a Federal agency for which exemption is sought under section 7, any person whose application to such agency for a permit or license has been denied primarily because of the application of section 7(a) to such agency action. (10) The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. The decisions about whether Trump’s name can appear on the presidential ballot will be made, in the first instance, by 51 different secretaries of state.