Releasing the 1040, Not so EZ: Constitutional Uncertainties from Presidential Tax Return Release Laws
13 Pages Posted: 23 Jul 2020
Date Written: May 2020
[enter Abstract Body]On multiple fronts, Americans are pursuing President Trump’s tax returns: a senator through legislation, a district attorney and congressional committees through investigation, and voters through protest and persuasion. None have succeeded. Last year, California jumped into the fray. It conditioned a candidate’s placement on its presidential primary ballot on the release of their tax returns. Release laws implicate hefty, unsettled constitutional doctrines, including a candidate’s access to the ballot, the right of informational privacy, the Emoluments Clauses, and state power in electing the president.
Keywords: Constitution, Tax Returns, Donald Trump, Ballot Access, Presidential Election
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