Wait, how can a Congressionally-passed law undo or erase a constitutional amendment?! If it can be done here, then it can be done with the second amendment as well.
It can if Congress passed it with a 2/3 vote. It’s written right in the amendment.
Because that amendment specifically stated that Congress could remove that “disability”, i.e. the prohibition against holding office, by legislation rather than by another amendment.
I think Constitutional Amendments need an Act of Congress to go into effect. Remember prohibition needed the Volstead Act. They shape the regulation and enforcement of the Amendment.
But I could be wrong.
The 14th amendment insurrection clause contains a repeal provisuion which allows congress to remove the bar to election or appointment to office by a 2/3 vote of both houses. That was done. The clause is no longer part of the Constitution.
“Wait, how can a Congressionally-passed law undo or erase a constitutional amendment?! If it can be done here, then it can be done with the second amendment as well.”
“Congress may, by a vote..., remove such disability”
Because it was written into the original amendment.
The law requires a 2/3rds vote to modify or rescind the Constitution of the United States.
“Amnesty Acts of 1872 and 1898. Four years after the Fourteenth Amendment’s ratification, Congress exercised its power under Section 3 and passed the Amnesty Act of 1872 with the required two-thirds vote in each House.15 The Act provided.”
It didn’t repeal anything. It took note of the fact that enabling laws had never been passed. No one had ever been charged with “insurrection.” Thus the section of the amendment was never enfocreable because there was nothing to enforce.