ThinkTankWeekly

The Pentagon’s Retaliation Campaign Against Senator Kelly Is Unconstitutional

CATO | 2026-05-09 | society

Topics: Society

Visit original source

ThinkTankWeekly provides a curated entry and summary only. Full text and PDF remain on the publisher's website.

English Summary

CATO’s analysis argues that the Pentagon’s campaign against Senator Kelly, including threats of pay reduction and potential criminal prosecution, is unconstitutional due to violating the doctrine of unconstitutional conditions. The DoD’s actions attempt to punish Kelly’s criticism of military policy through withholding government benefits, effectively imposing a monetary penalty on his First Amendment rights. The Cato brief highlights the risk of this precedent setting a dangerous trend where the executive branch could censor speech by military retirees. The DC Circuit Court’s expected ruling to uphold the injunction is crucial to safeguarding constitutional protections for retired service members.

中文摘要

CATO 的分析認為,五角大廈針對參議員凱利的行動,包括威脅減薪和可能面臨刑事起訴,違反了無憲法條件原則。五角大廈的行為試圖通過剝奪凱利對軍事政策的批評,並對其一項第一修正案權利實施貨幣懲罰,從而對凱利的批評進行懲罰。CATO 的法律文件強調了這種先例可能導致的風險,即行政部門可以通過對退伍軍人的言論進行審查,這將形成一個危險的趨勢。預計華盛頓巡回區法院維持禁令的裁決對於保護退伍軍人的憲法權利至關重要。

Related Entries

  1. 1.
    2026-09-01 | society | 2026-W36 | Topics: United States

    The Cato Institute warns that the USPS's current handling of mail balloting poses a significant risk of systemic failure ahead of major elections. Key concerns include whistleblower allegations regarding 'batch rejection protocols,' which could invalidate thousands of legitimate ballots, coupled with documented slowdowns in delivery speed and increased rejections for lateness. This instability suggests potential operational or political interference aimed at undermining mail voting integrity. Consequently, the article advises that voters and state election officials must plan to bypass the USPS system by utilizing alternative secure methods, such as drop boxes or early in-person voting, to ensure timely ballot submission.

    Read at CATO

  2. 2.
    2026-09-01 | economy | 2026-W36 | Topics: Europe, Indo-Pacific, Trade, United States

    The article argues that the United States' aggressive use of tariffs and economic coercion is counterproductive, inspiring international partners to actively circumvent US markets. Instead of increasing dependency on American trade, major global players are deepening cooperation by establishing new free trade agreements (e.g., EU-India, ACFTA, CPTPP) that explicitly exclude the U.S. This trend signals a significant shift toward increased global economic integration outside of US influence. Policymakers should recognize this accelerating decoupling, as it suggests that the traditional American model of trade leverage is rapidly diminishing unless the U.S. commits to upholding multilateral rules and reducing protectionism.

    Read at CATO

  3. 3.
    2026-09-01 | economy | 2026-W36 | Topics: United States

    The article argues that passing a Continuing Resolution (CR), while preventing an immediate government shutdown, merely preserves an unsustainable fiscal status quo rather than addressing underlying budgetary crises. Congress is criticized for using the CR as an escape route from difficult choices—such as cutting programs or tackling massive deficits—while simultaneously planning to increase debt through reconciliation packages for defense and agriculture. The core problem remains mandatory spending (Social Security, Medicare) driving debt unsustainably. For genuine fiscal stability, the author advises that Congress must move beyond short-term funding measures, prioritize essential functions, and establish a dedicated process to impose discipline on mandatory programs.

    Read at CATO

  4. 4.
    2026-09-01 | economy | 2026-W36

    The article argues that inheritance and estate taxes are detrimental to economic growth, investment, and productivity. Citing Sweden's experience after abolishing the gift and inheritance tax in 2005, the author notes subsequent increases in firm profitability, net sales, and asset values. The core reasoning suggests that removing these taxes allows owner-managers to reinvest capital directly into their companies rather than withdrawing funds for anticipated future tax liabilities. This increased internal investment has been shown to boost corporate financial health and higher corporate income tax payments.

    Read at CATO

  5. 5.
    2026-09-01 | energy | 2026-W36 | Topics: United States

    The CATO article argues that the US-Venezuela oil deal is deeply problematic due to significant governance and ethical concerns. Key criticisms include a lack of transparency in negotiations, the expansion of state corporatism through government involvement in resource extraction, and questionable legality since it bypasses Venezuelan constitutional requirements. Furthermore, the agreement utilizes a notoriously corrupt private partner and sidelines the democratic opposition, severely undermining US credibility and future diplomatic efforts. Strategically, the deal is viewed as an ill-advised 'imperial resource grab' that risks damaging long-term American influence in Latin America.

    Read at CATO