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yes, it is the case that a state can determine, through evidence and a deliberative process, that a person is not of age, a citizen, etc. And in this case, a state can determine, through evidence, that a person engaged in insurrection. The amendment does not require a conviction for insurrection in words nor did its application in the post civil war era require a conviction. It's not 'making it up'. This is simply reading the words and taking the required action. And the states did legally verify the facts.

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