They don't have the authority to determine if an insurrection had occurred.
Engaged in, which is a willful violation of US Statutes which leads to criminal charges.
You are wrong in that statement.
Zebulon B. Vance
Vance was arrested and imprisoned in 1865, during the Civil War. Later the same year, he applied for and was granted parole through President Johnson’s amnesty program. Vance was formally pardoned in 1867, though no charges were ever brought against him.
Vance was elected by the state legislature to his U.S. Senate seat. His appointment was challenged by the losing candidate. Neither were seated. At the time, President Andrew Johnson's amnesty program did not apply to former U.S. Representatives. Ultimately re-elected in 1878 and served a long U.S. Senate tenure.
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Victor L. Berger
Convicted under the Espionage Act. While under indictment, elected to the House in 1918. Congress formed a committee that on 11/10/1919 decided to leave the seat vacant citing Section 3. Conviction appealed and overturned by the US Supreme Court after disqualification. Afterward, Berger lost election to the 67th Congress, but successfully won election to the 68th, 69th, and 70th.
Berger and Vance.....great grand daddy's of Sandy Berger and Cyrus Vance?
Why was it then, that Lincoln and Congress declared an insurrection had occurred, which was the reason for the 14th,Sec 3?
Are you implying those three states legislative bodies passed a formal resolution declaring an insurrection had occurred on J6?
Declaring an insurrection appears to be a formal function of either a state or federal legislative body, not a group of partisan judicial smacks.