You're right. My point is that the instrument in question doesn't need to have legal force (the Fourteenth Amendment is self-executing), just to express the sense of the Congress

April 07, 2026 - 19:46 UTC

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Art 1 Sec 8 gives congress the sole authority to suppress and insurrection and it doesn't create a role for the president - nor has congress delegated that authority.

Concurrent resolutions should be constitutionally sufficient to trigger 14A
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Congress had delegated that authority to the President. Check the Insurrection Act.
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I mean Section 8 stuff is ordinary legislation

In fact I think the definition of rebellion and insurrection for these purposes is NOT up to Congress, it comes directly from the 14A. Therefore Congress would be acting only as a judge, not as a legislature
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For that reason I think a concurrent resolution is fine
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I mean, you’d think the 14A would be at least somewhat self-executing, but there’s that pesky §5, which SCOTUS might hold requires a statute that gets presented for signature, etc. And then there’s laws passed under §5 invalidated anyway, which reminds me it’s time to check my blood pressure.
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