The 14th Amendment due process clause applies when the state acts against individuals. Section 3 of the 14th Amendment, explained: Why Trump is removed from Colorado ballots for insurrection.This provision was enacted under the Constitution in the wake of the Civil War to keep people out of office who had previously held federal office. Bills of attainder and ex post facto laws only apply in the criminal context. Section 3 of the 14th Amendment is not a criminal punishment. The third section, which discusses disqualification from office for engaging in insurrection or rebellion, was held under Trump v. The supreme court determined if section 3 of the 14th amendment which bars insurrectionists from holding office applied to Trump. The third section discusses disqualification from office for engaging in insurrection or rebellion; the 2024 decision in Trump v. A complete list of the amici is set forth in the Appendix to this Brief.