No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.Above is still active and unblockable by judicial or state actions. It's section 3 of the 14th amendment. Note it doesn't state it just cover's "Abe Lincoln's civil war," it was written to also be ready for future needs. I presume a specific legal definition of "engaged in insurrection or rebellion" will somewhat limit its applicability here, but if the leading edge of the "Resistance" hasn't already crossed that line it's striving for it.
Potentially, another limitation is whether the enabling legislation for this section remains active and applicable. IIRC Congress did have a 2/3 vote to let everyone in the South out of this sometime during Reconstruction. I don't know whether they left AG Barr any usable law to enforce it. If they did Barr should research it for at least the threat of use. If they didn't Barr should draft appropriate enforcing legislation to pass after Trump retakes Pelosi's House. Take care to draft it so that the left couldn't use it against those upholding their Constitutionally guaranteed rights, just against those in government trying to exercise more power than their positions Constitutionally provide.
Very interesting..thanks.
The Insurrection Act (10 USC §§351-355) signed by President Thomas Jefferson and the Calling Forth Act (2 USC §28), the latter signed by President George Washington, are what you are looking for.