[EL] Stern on Tillman on Whether Presidents are Bound by the Emoluments Clause

[Mark Scarberry]

I have not studied the matter, but there seems to be a textual explanation
for the ability of Hastings to serve in Congress,. Note that the
Constitution provides that "Judgment in Cases of Impeachment shall not
extend further than to removal from Office, and to disqualification to hold
and enjoy any Office ...."

It appears that the sanction requested by the House and imposed by the
Senate need not include, in addition to removal from Office,
disqualification from holding another Office. It simply may not extend
beyond removal and disqualification.

From
https://www.senate.gov/artandhistory/history/common/briefing/Impeachment_Hastings.htm#8
:

*"Vote for Removal and/or Disqualification:*

"Having found Hastings guilty on 8 of the 17 articles of impeachment, the
president pro tempore ordered him removed from office.  He was not
disqualified for future office."

The articles of impeachment (which you can find on the same webpage) only
called for removal:

"Wherefore, Judge Alcee L. Hastings is guilty of an impeachable offence
warranting removal from office."


Mark

Prof. Mark S. Scarberry
Pepperdine Univ. School of Law

On Thu, Jan 5, 2017 at 9:55 AM, John Tanner <john.k.tanner at gmail.com> wrote:

> The Emoluments Clause is terra incognita to me as, I suppose it is to most
> of us.  I was struck, however, by Stern’s breathless comment:
>
>
> If Tillman’s reading is correct, then an official who is impeached could
> still have another turn in an elected office, including the presidency.
>
> Alcee Hastings was, of course, impeached and subsequently elected to
> Congress, where he continues to sit.  I don’t consider this dispositive of
> or particularly important to the Emoluments Clause issue, but am curious
> whether there are other such examples
>
>
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