Cato Institute
·
Published
December 28, 2023

Trump’s Disqualification: A Primer

Libertarian
Commentary
·
2024 U.S. Elections
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Summary

  • Cato Institute expert Robert A. Levy writes that U.S. Supreme Court Chief Justice Roberts will be "concerned about political repercussions" if Trump is disqualified from running.
  • Levy also argues that liberal justices will likely lean toward allowing voting citizens to decide if Trump should be President.

Overview:

  • This article was written by Robert A. Levy, discussing the complex issue of Donald Trump's potential disqualification from running for president in 2024.
  • The author critically examines the legal and constitutional implications surrounding the disqualification debate, focusing on the interpretation of the Fourteenth Amendment and its application.

Key Quotes:

  • "No person shall … hold any office … who, having previously [served] … as an officer of the United States, shall have engaged in insurrection."
  • "The US Constitution is not a legal code; it’s a set of broad principles that implement a framework for governance."​

What They Discuss:

  • Levy analyzes Colorado's attempt to disqualify Trump from the 2024 ballot and the subsequent legal challenges leading to the U.S. Supreme Court's involvement.
  • The article addresses critical legal questions, including who has standing to file suit and whether states can define "engaging in insurrection."
  • It scrutinizes whether the term "Officer of the United States" in the Fourteenth Amendment applies to elected officials like Trump.
  • The distinction between disqualification from holding office and running for office is explored, with reference to various state court rulings.
  • The article considers the constitutional framework for governance and the potential political repercussions of disqualifying Trump without a criminal conviction.

What They Recommend:

  • Levy suggests a careful interpretation of the Fourteenth Amendment, emphasizing its historical context and legal precedents.
  • The author recommends that the Supreme Court provide clarity on the application of Section 3 of the Fourteenth Amendment.

Key Takeaways:

  • The debate over Trump's disqualification centers on constitutional interpretation, especially the Fourteenth Amendment.
  • The U.S. Supreme Court's decision will have significant implications for electoral law and the definition of insurrection in a political context.
  • The issue raises broader questions about the balance between legal standards and political decision-making in the American democratic process.

This is a brief overview of Robert A. Levy's work from the Cato Institute. For complete insights, we recommend reading the full article.

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Original Read Time
9 min
Organization
The Brookings Institution
Category
Israel-Gaza War
Political Ideology
Center Left

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