Commentary When political opponents claim that pro-Trump members of Congress are “insurrectionists” and, therefore, disqualified from office, it is time to review what the Constitution means by “insurrection.” When one such claim is based on a single vote in Congress, then it is high time to review the Constitution’s Speech and Debate Clause. When yet another claim is based on a public speech, it is time to examine the First Amendment. Rep. Jim Banks (R.-Ind.) is the subject of one “disqualification” proceeding. Rep. Madison Cawthorn (R.-N.C.) is the subject of another. The charge against Banks is that, during the count of presidential electors on Jan. 6, 2021, he voted not to count electors he believes were chosen illegally. The federal Electoral Count Act explicitly authorizes such a vote (pdf). Nevertheless, Banks’ accuser says it was “insurrection.” The claim against Cawthorn is that he addressed the pro-Trump crowd in Washington, D.C., on …