Sec 3 of the 14th amendment
Dems are mocking Repubs on Section 3 of the 14th amendment ;the insurrection clause.
They contend that as textualists ( focus on the plain meaning of the text) that conservatives should believe that there is nothing that says Trump needs to be charged or indicted with insurrection for the clause to be invoked. They say it is self-executing (something that goes into effect or can be enforced after being created without anything else required) .
They of course completely misunderstand conservative's position on the Constitution and the law. Conservatives are not so much textualists as originalists (text ought to be given the original meaning that it had at the time that it became law or part of the Constitution.
To understand intent is much more complex than the plain text. To understand the clause an originalist first must understand the history of the amendment.
First look at the clause as it was actually written when passed by the House of Reps .
Sec. 3. Until the 4th day of July, in the year 1870, all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall be excluded from the right to vote for Representatives in Congress and for electors for President and Vice President of the United States
The framers of the amendment were Republicans .Their only intent at the time was to prevent former Confederates from regaining power. That was true even after the Senate amended the clause to bar former Confederates from office.
Senator Jacob Howard said
"I should prefer a clause prohibiting all persons who have participated in the rebellion, and who were over twenty-five years of age at the breaking out of the rebellion, from all participation in offices, either Federal or State, throughout the United States"
It was Howard's revisions that were ultimately adopted .
We also know from history that the intent was that it NOT be self -executing . If it were then there would not have been a need for Congress to pass any of the legislation that has it's roots in the 14th amendment . ( ie Civil Rights act of 1964 Voting Rights Act of 1965 )