RI actually began filing the paperwork to file a lawsuit citing exactly that part of the Constitution after the insurrection. But, I consulted the ACLU who explained to me that since Trump was out of office and had not declared to run again (yet), it would be thrown out. Now is the time for it to be filed. I’m glad someone is doing it.
That said, our system is so hypocritical and disfunctional, I’d expect it to fail.
After all, every single elected official in the Federal government is sworn to uphold the Constitution, yet insurrectionists—hundreds of them—continue to hold office illegally in direct violation of the Constitution. Non-insurrectionists supporters recognize these illegal officials and their votes are counted. It’s like the Confederacy, after the Civil War, had taken control of the government and everyone chose to quietly accept it.