So do you think they held trials to determine if someone fought for the confederate cause
Even when it was a matter of public record?
That was the origin of the amendment.
It has been determined by the courts that Jan 6th was an insurrection, and it is public record Trump told his followers to march on the capitol.
Its all a moot question, we all know how the supreme court will rule on this... and it has nothing to do with law or the constitution.