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
The presidential debate accomplished more for Harris than it did for Trump
Brookings
·
Nov 18, 2023

The presidential debate accomplished more for Harris than it did for Trump

Summary

President Trump’s latest tariff plan is under fire from a conservative think tank, which says the math behind it is both flawed and misleading.

  • Donald Trump focused on separating himself from his party's extreme policies and addressing key voter concerns like the economy and abortion.
Leans Left
Commentary
·
2024 U.S. Elections
Read summary
(1 min.)
-->
Project 2025’s Tax Plan Would Raise Taxes on the Middle Class and Cut Taxes for the Wealthy
Center for American Progress
·
Nov 18, 2023

Project 2025’s Tax Plan Would Raise Taxes on the Middle Class and Cut Taxes for the Wealthy

Summary
  • Brendan Duke at Center for American Progress argues that Project 2025 proposes a tax plan that raises taxes on low- and middle-income families while giving significant tax cuts to the wealthy and corporations.
  • The analysis asserts that the introduction of a flat consumption tax and elimination of income taxes would result in higher costs for middle- and low-income households, shifting the tax burden away from wealthy individuals and large corporations.
Progressive
Commentary
·
2024 U.S. Elections
Read summary
(1 min.)
-->
Bring Back Trump’s China Policy
Heritage Foundation
·
Nov 18, 2023

Bring Back Trump’s China Policy

Summary
  • Bryan Burack at Heritage Foundation writes that the Trump administration's significant foreign policy legacy was its strategic response to China's economic warfare against the U.S., emphasizing the importance of maintaining these measures for deterrence.
  • The article asserts that the Biden administration has adopted a less assertive approach, reviving engagement policies with China due to concerns that aggressive economic protections might provoke conflict, which has led to counterproductive security tradeoffs.
Conservative
Commentary
·
U.S.-China Relations
Read summary
(1 min.)
-->
Trump, Harris, and All the Wrong Ways to Do Tax Reform
Cato Institute
·
Nov 18, 2023

Trump, Harris, and All the Wrong Ways to Do Tax Reform

Summary
  • Adam N. Michel at Cato Institute argues that tax policy's prominence in the presidential campaign is due to the impending expiration of the 2017 Tax Cuts and Jobs Act and the candidates' proposals for new special-interest tax breaks that complicate and increase the tax code's complexity.
  • The report asserts that while there is bipartisan support for extending most of the expiring tax cuts, proposed targeted benefits for tips, families, homeowners, domestic production, and seniors will further complicate the tax system and pose significant fiscal challenges.
Libertarian
Policy Analysis
·
2024 U.S. Elections
Read summary
(1 min.)
-->
Breaking Down the Biden Administration’s National Rent Stabilization Proposal
Urban Institute
·
Nov 18, 2023

Breaking Down the Biden Administration’s National Rent Stabilization Proposal

Summary
  • Urban Institute experts write that the Biden administration's rent stabilization proposal aims to cap annual rent increases at 5% for units owned by large landlords, conditioned on maintaining existing tax breaks, aiming to stabilize housing and protect tenants from eviction or displacement.
  • The experts argue that while the proposal could make more units affordable for low-income residents, it may also reduce the overall supply of rental units as landlords might convert properties or avoid entering the market, potentially driving up rents for uncontrolled units.
Liberal
Policy Analysis
·
U.S. Economy
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.