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. 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.

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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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