Section 3: Disqualification from office for insurrection or rebellion Soon after losing the Civil War in 1865, states that had been part of the Confederacy began to send "unrepentant" former Confederates (such as the Confederacy's former vice president, Alexander H. Stephens) to Washington as Senators and Representatives. Congress refused to seat them and drafted Section 3 to perpetuate, as a constitutional imperative, that any who violate their oath to the Constitution are to be barred from public office. Section 3 disqualifies from federal or state office anyone who, having taken an oath as a public official to support the Constitution, subsequently engages in "insurrection or rebellion" against the United States or gives "aid and comfort" to its enemies. Southerners strongly opposed it, arguing it would hurt reunification of the country. Section 3 does not specify how it is to be invoked, but Section 5 says Congress has enforcement power. Accordingly, Congress enforced Section 3 by enacting the Enforcement Act of 1870, the pertinent portion of which was repealed in 1948; there is still a current federal statute () that was initially part of the Confiscation Act of 1862 (and revised in 1948), disqualifying insurrectionists from federal office. Moreover, each house of Congress can expel or exclude members for insurrection or other reasons, although it is uncertain whether more votes may be required to expel than to exclude. A further way that Congress can enforce Section 3 is via impeachment, and even prior to the adoption of the Fourteenth Amendment Congress impeached and disqualified federal judge West Humphreys for insurrection. After the amendment's adoption in 1868, disqualification was seldom enforced in the South. At the urging of President Ulysses S. Grant, in 1872 Congress passed the Amnesty Act, which removed the disqualification from all but the most senior Confederates. In 1898, as a "gesture of national unity" during the Spanish–American War, Congress passed another law broadening the amnesty. Congress posthumously lifted the disqualification from Confederate general Robert E. Lee in 1975, and Confederate president Jefferson Davis in 1978. These waivers do not bar Section 3 from being used today. Since Reconstruction, Section 3 has been invoked only once: it was used to block Socialist Party of America member Victor L. Berger of Wisconsinconvicted of violating the Espionage Act for opposing US entry into World War Ifrom assuming his seat in the House of Representatives in 1919 and 1920. Berger's conviction was