Up to the states to decide what an insurrection is? Where in the world do you get that???
The Supreme Court and other conservative judges. See my above claims by former Judge Luttig.
"“Indeed, the Constitution tells us that it is the conduct that can give rise to disqualification. Namely, an insurrection or rebellion that is anti-democratic. To me, that’s about as clear as any document or Constitution could make that point,” Luttig said.
“I think it’s crystal clear, and it will be crystal clear to the American public, that it’s the Constitution of the United States that’s disqualifying the former president from higher office, if he is to be disqualified. To speak to the political warriors, it’s not President Joe Biden. It’s not the Democrats. It’s not the anti-Trumpers. It’s the Constitution of the United States,” he added.""