There was an argument made that rebels should be allowed to hold office to bring stability -- think about the result in Iraq when Bath Party members were banned, or, in fact, the Allies' acceptance of former Nazi members in Germany after WWII.

After Confederate VP Alexander Stephens was elected to the Senate in 1866, it spurred efforts to block rebels from the government. Representative John Farnsworth (IL) specifically warned that Robert E. Lee could run for office. This led to Section 3. That ban was enforced primarily like we do the age limit -- you respect the law and don't run. No one had to tell Arnold Schwarzenegger that he couldn't run for president because he was not born in the U.S.

When it had to be enforced (rarely), a criminal conviction was not required. No one disqualified under Section 3 was charged under the criminal “rebellion or insurrection” statute or its predecessors.

In 1872, Congress passed the Amnesty Act that cleared most former Confederates of a 14th Amendment, Section 3 violation. President Grant issued a proclamation ordering prosecutors and judges to drop any legal action to keep Confederates (except for a few leaders) off the ballot. However, the proclamation is a backhanded recognition that they HAD been banned.

[Post edited by DanTheFan at 02/12/2024 12:13PM]