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The U.S. Supreme Court is photographed on Wednesday, Jan. 17, 2024, in Washington. (AP Photo/Mariam Zuhaib)/ UNITED STATES - JUNE 30: The statue of Confederate president Jefferson Davis stands in National Statuary Hall on Wednesday, June 30, 2021. (Photo by Bill Clark/CQ Roll Call via AP Images)/ President Donald Trump speaking on Jan. 6, 2021. (AP Photo/Evan Vucci, File)

Left: The U.S. Supreme Court is photographed on Wednesday, Jan. 17, 2024, in Washington. (AP Photo/Mariam Zuhaib). Center: The statue of Confederate president Jefferson Davis stands in National Statuary Hall on Wednesday, June 30, 2021. (Photo by Bill Clark/CQ Roll Call via AP Images). Right: President Donald Trump speaking on Jan. 6, 2021. (AP Photo/Evan Vucci, File)

Even Jefferson Davis, leader of the Confederacy — and his lawyer — knew the insurrection clause in the U.S. Constitution not only disqualified him from holding office but, importantly, that Section III of the Fourteenth Amendment “executes itself” and once that constitutional Rubicon is crossed, disqualification was his “automatic” punishment.

This is one of several key arguments lifted straight from history that 25 prominent historians, professors, and legal scholars have presented to the U.S. Supreme Court in a new amicus brief supporting a December ruling from the Colorado Supreme Court finding that Donald Trump should be removed from the ballot for 2024 since he engaged in insurrection on Jan. 6, 2021, and is therefore ineligible for office.

Trump and his legal team contend — and they will argue this on Feb. 8 at the U.S. Supreme Court — that he did not engage in insurrection and that he is not technically an “officer of the United States,” as Section III defines it.

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