I’m not endorsing that argument. I think it’s wrong too. But whether it’s right or wrong is really irrelevant. It’s happening and moving through the courts or legislatures. States still have power here. I thought it could never happen, but with the Wisconsin Supreme Court recently turning liberal, I would have no confidence that the Wisconsin supremes would find the left’s case unconstitutional.
Note however that the 14th Amendment does not have a prerequisite of conviction. Why do you think the democrats and the media have been pounding the drum changing the English language to be calling January 6th an insurrection?
The 14th does have a prerequisite to conviction, read section 5. Congress has indeed enforced by appropriate legislation by enacting 18 USC 2383. Section 5 does not grant this to anyone except the US Congress, so states can pound sand.
The left have pounded the J6 as an insurrection, but they have yet to use 18 USC 2383 to charge or convict anyone. Why is that? Because they won't make it stick, and they know it.
Everyone, including an ex-president has rights in this country, and the right to a trial. Cherry picking a section out of an amendment of the constitution and declaring someone guilty without due process is unconstitutional.
If the left is so confident of their "insurrection" claims, let them pursue 18 USC 2383 and try to convict under that statute. They already know they can't.