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

[John Tanner]

I guess, getting back to Emoluments, that gets us back to the definition of “office”   The idea of banning someone from elective office conjure up the cry of “Wilkes and Liberty” for me — a deprivation for the voters
> On Jan 5, 2017, at 3:10 PM, Mark Scarberry <mark.scarberry at pepperdine.edu> wrote:
> 
> 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 <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 <mailto: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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