Just to anticipate the libs for a second, section 5 puts the burden on Congress to enforce it as SCOTUS pointed out in Trump v. Anderson (2024). However, let’s not forget the Democrats had a trifecta in 2021-22 and could have pushed through legislation if they had wanted to ensure section 3 was applied/interpreted properly to this insurrection, which they easily should have been able to do — maybe even a resolution declaring Congress’ intent was that it already applied under some old law would have been enough.
Just to anticipate the libs for a second, section 5 puts the burden on Congress to enforce it as SCOTUS pointed out in Trump v. Anderson (2024). However, let’s not forget the Democrats had a trifecta in 2021-22 and could have pushed through legislation if they had wanted to ensure section 3 was applied/interpreted properly to this insurrection, which they easily should have been able to do — maybe even a resolution declaring Congress’ intent was that it already applied under some old law would have been enough.