Opinion | Insurrection Clause Is Self-Executing Until Congress Says Otherwise

In “Trump vs. the Banana Republic of Colorado” (op-ed, Dec. 21), Karl Rove uses the example of Lucius Q.C. Lamar, a man presumably disqualified from holding office by the 14th Amendment due to his service in the Confederacy. Mr. Rove points out, however, that Lamar was able to serve across the three branches of government, including on the Supreme Court, despite the 14th Amendment bar. If that were all there is to Justice Lamar’s story, it would be a persuasive point. But Mr. Rove left out important parts of the story.

The 14th Amendment bars from public office those who engage in insurrection or rebellion, but it also says Congress can “remove such disability.” In 1872 Congress passed the Amnesty Act, and did just that for most Southerners. There was an important exception, however. Members of the House or Senate in the years leading up to the war weren’t included in the amnesty.