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Notes -
We have Bayesian evidence. Two Fed Society authors have published a paper arguing for the position, and a Republican-appointed judge has already removed a low-ranking official from office under section 3 for his involvement in Jan 6.
These things do not prove that this is a mainstream position among conservative legal thinkers. But they are much more likely to happen in a world where it is.
Correct. The paper spends a considerable amount of time talking about what the original meaning of "insurrection" and "rebellion" was, to the people of that time. You don't have to agree with the authors' conclusions, but they explicitly deal with that question as the central one.
I really want to delve into the detail of these arguments more and see if I agree with them but unfortunately I can't get the paper to open at the moment, and I didn't get through the whole thing on first read.
I believe their argument is that later amendments to the Constitution override earlier versions (otherwise amendments would not be possible). So to whatever extent Section 3 is in conflict with earlier Constitution provisions, Section 3 prevails.
Nope. You can look at the New Mexico case for example - state law allowed private citizens to sue to remove disqualified officials from office, a group did so, and a judge decided to remove him. No executive action involved.
Which is to say you do not have evidence, hence why you are inferring to assume there is rather than demonstrating there is.
And as has been noted elsewhere, that case did not rise, and came with very different political contexts.
They are also very easy to happen in a world where Trump Derangement Syndrome driving novel legal theories is a thing, and we actually are in that world.
Then you should be able to answer the question regarding the standard, and its consistency as a standard.
But this isn't an argument that Section 3 is in conflict with other provisions of the Constitution. This is an argument that execution of section 3 by the executive over the conduct of elections prevails over other elements of the constitution, which obviously does not hold to any limit because otherwise any executive could claim that any action in support of a later constitutional amendment is inherently constitutional if it conflicts with others.
There is not, in fact, an unlimited blank check to the American executive drawn just by claiming a more recent ammendment. Where Section 3 does not require overruling other parts of the Constitution, it doesn't. The arguments to date do not indicate that Section 3 requires doing so, on that Section 3 would have to do so to permit the interpretation, which is the sort of backwards reasoning previously noted.
And yet, yup. This isn't state law- this is Federal-level. Moreover, this isn't something the judiciary has made a conclusion on (i.e. that Trump has engaged in Rebellion), and the legal theory is to explicitly leave the Legislature out of it, and thus the only branch of government to make the conclusion and enact and enforce it is the Executive.
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