Prof. Calabrasi, Were Section 3 in effect, when would its disability attach to, say, Jefferson Davis: when he signed his state’s declaration of withdrawal from the Union? When he resigned from congress? When his soldiers’ guns fired on Ft. Sumpter? Or wait until his surrender & arrest 4 years later? Or Robert E. Lee: did his ineligibility begin when he resigned his commission or did it have to await casualty reports from Bull Run?
Prof. Calabrasi, Were Section 3 in effect, when would its disability attach to, say, Jefferson Davis: when he signed his state’s declaration of withdrawal from the Union? When he resigned from congress? When his soldiers’ guns fired on Ft. Sumpter? Or wait until his surrender & arrest 4 years later? Or Robert E. Lee: did his ineligibility begin when he resigned his commission or did it have to await casualty reports from Bull Run?