But how each state determines if this is to be applied and assessed is currently up to each state, since there is no national election for President, only state elections for electors.Nothing about a Democrat's decision and all about the interpretation of the Constitution:
What does Section 3 of the 14th Amendment of the U.S. Constitution say?
Also known as the "disqualification clause," Section 3 of the 14th Amendment states:
The provision applies to those who have taken an oath to support the U.S. Constitution and either "engaged in insurrection or rebellion" against the U.S. or "give aid or comfort to the enemies" of the nation. Section 3 allows Congress to "remove such disability" by a two-thirds vote of the House and Senate.
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