Rachel Reinbolt (University of Houston Law Center) has posted Felony Convictions to Presidential Positions: Should There Be a Limit on Holding Public Office? on SSRN. Here is the abstract:
In May 2024, months before the presidential election, Donald Trump was convicted of thirty-four felony counts of falsifying business records. Prompted by his subsequent re-election as President, this Comment examines felony disenfranchisement laws, with specific emphasis on candidacy restrictions. This Comment analyzes the vast differences between state laws that bar felons from holding public office and federal laws that impose no such limitations. Through an exploration of the President’s expansive powers and the implications of criminal convictions for public trust, this Comment proposes three potential responses to placing limits on who may hold presidential office: amending the Constitution, passing new legislation, or maintaining the status quo.