On the anniversary of the Jan. 6 attacks, congressional Democrats discussed using a post-Civil war amendment to bar former President Donald Trump from holding office again for inciting the insurrection on the Capitol.

Section 3 of the 14th Amendment disqualifies any person from public office who, having previously taken an oath as a federal or state officeholder, engaged in insurrection or rebellion against the country.

It remains unclear whether congressional Democrats could use Section 3 against the former president. Some legal experts argue Trump could be barred from holding office with a simple majority vote in both chambers, while others say it would need to be done by a federal court or a neutral fact-finding body.

Lawmakers discussing such a move are Reps. Jamie Raskin, D- MD., Jerry Nadler, D- N.Y., and Debbie Washerman Schultz, D- Calif. Schultz told The Hill she plans to “explore all legal paths to ensure people who try to subvert our democracy are not in charge of it.”

The move was being considered a year ago prior to Trump’s second impeachment by Sens. Chuck Schumer, D- N.Y., and Tim Kaine, D- Va.

"What Senator Kaine is talking about is a censure resolution that would also specifically include the elements of the 14th Amendment that lead to disqualification from future office," Sen. Chris Coons, D- Del., told Fox News.

Congress has not used Section 3 on an elected official since 1919 against socialist Victor Berger, who opposed U.S. involvement in World War I and was later prosecuted and convicted under the Espionage Act. The House referred his case to a special committee that concluded he was ineligible for membership and refused to seat him.

If Trump were to be barred from office, it would take a two-thirds majority vote in both the House and Senate to make him eligible once again, according to Section 3.

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