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In this image provided by the Supreme Court, President Donald Trump (center) poses for a photo with Associate Justice Clarence Thomas (left) and Associate Justice Brett Kavanaugh (right), in the Justices’ Conference Room before a investiture ceremony Thursday, Nov. 8, 2018, at the Supreme Court in Washington. (Fred Schilling/Collection of the Supreme Court of the United States via AP).

The justices heard much-anticipated oral arguments Thursday as they considered whether the state of Colorado has the authority to declare Donald Trump disqualified from seeking a second term as president.

The Court must review the Colorado ruling that Section 3 of the 14th Amendment, known as the “disqualification clause,” is “self-enforcing” and can be used by a state to keep an insurrectionist off the presidential ballot — or if an act of Congress is required.

The disqualification clause served to protect the post-Civil War federal government from the risk of former Confederate civil and military officeholders holding government office and throwing the country into chaos. The need was relatively short-lived, because in 1872, President Ulysses S. Grant signed the Amnesty Act, which removed the prohibition against former Confederates holding office and pardoned secessionists for their participation in the Civil War.

The Supreme Court’s conservative justices are known for their prioritizing of historical bases for rulings. In the Trump case, the relevant history is both scant and conflicting. That did not, however, stop some justices from looking backward into history as they questioned the plaintiffs’ attorney, Jason Murray.

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