For the "Insurrection clause" to apply, there has to be an insurrection.
There's been no declaration now which means, legally speaking, there's no insurrection and therefore no insurrection clause applies.
The 14th is still a legal minefield in this regard and the ability of a president to claim insurrection is in theory an open-ended nightmare.
Biden could, for example, hypothetically declare that an insurrection is underway, but he hasn't so the point is null.
Colorado judges, random uninvolved state legislatures and Uncle Bob do not get to define an insurrection against federal authority.
Only federal authorities get to declare an insurrection.
New York, for example, could not unilaterally decide that Confederate states were in a state of insurrection.
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