Cato Institute
·
Published
December 28, 2023

Trump’s Disqualification: A Primer

Libertarian
Commentary
·
2024 U.S. Elections
Share this article

Summary

Cato Institute expert Robert A. Levy writes that U.S. SupremeCourt 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.

Related articles

All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
All Topics
Why is Kamala Harris wrapping up the Democratic nomination so quickly?
Brookings
·
Nov 18, 2023

Why is Kamala Harris wrapping up the Democratic nomination so quickly?

Summary
  • Elaine Kamarck at Brookings writes that Joe Biden's endorsement of Kamala Harris for the Democratic Party's nomination is due to her extensive presidential-level vetting, practical time constraints, and her robust political experience.

  • The article asserts that Harris' widespread delegate support, substantial financial backing, and the urgent need for party unity and focus on the general election are key reasons for the swift consolidation around her candidacy.
Leans Left
Commentary
·
2024 U.S. Elections
Read summary
(1 min.)
-->
Can Maduro Pull off the Mother of All Electoral Frauds?
Center for Strategic and International Studies
·
Nov 18, 2023

Can Maduro Pull off the Mother of All Electoral Frauds?

Summary
  • Ryan C. Berg and Christopher Hernandez-Roy at Center for Strategic and International Studies analyze that Venezuela's recent elections showcased a blatant electoral theft by President Maduro, who manipulated election conditions, barred opposition candidates, and used repression to secure a disputed victory over Edmundo González.

  • The article asserts that the Maduro regime’s fraudulent actions, including blocking international observations and harassing opposition supporters, risk severe international isolation and a possible constitutional crisis if vote tabulations are not transparently released, undermining any claims to democratic legitimacy.
Centrist
Commentary
·
International Affairs
Read summary
(1 min.)
-->
Why Is It So Hard for China to Boost Domestic Demand?
Carnegie Endowment for International Peace
·
Nov 18, 2023

Why Is It So Hard for China to Boost Domestic Demand?

Summary
  • Experts at the Carnegie Endowment for International Peace argue that China's Third Plenum communiqué remains vague on demand-side measures, even though boosting consumption is widely seen as crucial for sustainable growth.

  • The analysis suggests that despite consensus on the need for stronger consumer demand, Beijing faces challenges in shifting from an investment-driven economy due to long-standing transfers that benefit manufacturing, infrastructure, and local governments at the expense of households.
Liberal
Commentary
·
U.S.-China Relations
Read summary
(1 min.)
-->
A Cosmopolitan Case against World Government
Cato Institute
·
Nov 18, 2023

A Cosmopolitan Case against World Government

Summary
  • Ilya Somin at Cato Institute argues that supporting globalization and opposing world government are not contradictory positions because a world government could worsen voter ignorance, hinder foot voting, and potentially spiral into catastrophic authoritarianism.
  • The article asserts that world government is unnecessary for solving global issues and could suppress beneficial diversity and competition between nations. Instead, voluntary cooperation among major powers can address international challenges effectively.
Libertarian
Report
·
U.S. Government & Politics
Read summary
(1 min.)
-->
Project 2025 Compels Local Prosecutors To Enforce Extreme Right-Wing Laws
Center for American Progress
·
Nov 18, 2023

Project 2025 Compels Local Prosecutors To Enforce Extreme Right-Wing Laws

Summary
  • Lindsey McLendon at Center for American Progress argues that Project 2025 aims to dismantle the U.S. system of checks and balances, granting politicians, judges, and corporations increased control over Americans' lives by enforcing extreme right-wing policies through the U.S. Department of Justice.
  • The Center for American Progress asserts that Project 2025 would pressure local district attorneys to enforce severe abortion bans and other restrictive laws, exacerbating the maternal health crisis and reducing access to essential reproductive healthcare, particularly in states with already high maternal mortality rates.
Progressive
Article
·
U.S. Politics
Read summary
(1 min.)
-->
No results found.
Original Read Time
9 min
Organization
The Brookings Institution
Category
Israel-Gaza War
Political Ideology
Center Left

We make expert analysis of current events
simple and accessible for all.

Join us in elevating our public discourse.