In the aftermath of the Civil War, the Constitution was amended to disqualify from office those political leaders who had betrayed their oath and “engaged in insurrection or rebellion” against the United States.

Many historians believed that provision — Section 3 of the 14th Amendment — became a dead letter after Congress adopted amnesty acts for ex-Confederates in 1872 and 1898. The latter act declared the “disability imposed” by Section 3 “is hereby removed.”

But some law professors who have delved deeply into the history of that era say that view is wrong.

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