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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I think between Sec 8 and Sec 9 Habeas clause provide authority for congress being the brench that decides if an insurrection is talking place
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Depends on the purpose!
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