No. That was an impeachment proceeding which Trump was found not guilty. It wasn’t legislation which would have been required such as congress passed during the civil war declaring the south in a state of insurrection signed by the president. Much like congress declaring war. Congress would have had to pass legislation declaring 1-6 an insurrection which it didn’t do. This is what section 5 is all about. Section 5 gave congress the sole power, authority to enforce all articles, sections of the 14th by appropriate legislation. The appropriate legislation in this case would be declaring 1-6 an insurrection which would have to be signed into law by the president.
Congress never did. They never thought of it. The idea of using the 14th was brought forth a couple to three months after 1-6 occurred. Through this whole debate about Trump being barred from holding future office, section 5 was totally ignored. Only section 3 received the publicity. Section 5 was also ignored.
What basically the SCOTUS stated was the states could apply section 3 to state offices only. That for federal offices it was the congress’s duty to pass the appropriate legislation. One must not forget congress did so during the civil war and then followed that up with numerous other laws, legislation after ratification to enforce section 3 of the 14th on the insurrectionist south.
