>>1252172For the criminal penalty of insurrection, under the criminal code, a trial and conviction is required.
Disqualification is a non-criminal consequence of violation of the 14th Amendment, not a penalty as per the criminal code. There is no entitlement to become President except upon the conditions codified in the law (including the constitution and the statutes).
Both use the word 'insurrection' but they're not the same rule and don't need to have the same judicial/bureaucratic process applied.
You're not entitled to a trial to prove that you're actually over 35 years old, either. The courts don't have to be involved, and the voting population don't get to invent their own opinion as to your eligibility, unilaterally. That's not undemocratic.
Don't confuse lack of eligibility with a penalty. It's not the same thing.
