[EL] After impeachment and removal

Steve Hoersting hoersting at gmail.com
Mon Oct 28 08:52:28 PDT 2019


*The Senate also decides future Presidential debarment... and by a majority vote*

It would seem that the Senate, then, operates, on the question of re-election, as a kind of Electoral College.

So I cannot wait for all of today’s principled Electoral College opponents to rail against — rather than cling to — this debarment procedure.

Steve

Sent from my iPhone

> On Oct 28, 2019, at 11:08 AM, Doug Spencer <dougspencer at gmail.com> wrote:
> 
> Larry,
> 
> Adding to Rick's point, the vote whether to disqualify from holding future office requires a separate Senate vote (akin to sentencing) after the Senate votes to convict. Interestingly (problematically?) the vote for disqualification requires a bare majority vote. See more about the history of these votes here: https://nyti.ms/2p4dWQh
> 
> Best,
> Doug
> 
> -----
> Douglas M. Spencer
> Professor of Law & Public Policy
> University of Connecticut
> (860) 993-6217 | dougspencer.org
> 
> 
> 
>> On Mon, Oct 28, 2019 at 10:03 AM Pildes, Rick <rick.pildes at nyu.edu> wrote:
>> Larry, the Senate has the power to decide, as part of a conviction, whether also to bar the person from future national office.  That does not follow automatically from conviction but can and has been added to Senate impeachment convictions.
>> 
>>  
>> 
>> Best, 
>> 
>> Rick
>> 
>>  
>> 
>> Richard H. Pildes
>> 
>> Sudler Family Professor of Constitutional Law
>> 
>> NYU School of Law
>> 
>> 40 Washington Sq. So.
>> 
>> NYC, NY 10012
>> 
>> 212 998-6377
>> 
>>  
>> 
>> From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of larrylevine at earthlink.net
>> Sent: Monday, October 28, 2019 10:59 AM
>> To: 'Election Law Listserv' <law-election at uci.edu>
>> Subject: [EL] After impeachment and removal
>> 
>>  
>> 
>> If a President is impeached and then convicted by the Senate and removed from office, could he run again for President at the next election? I know this once would have seem a preposterous notion, but we are living in preposterous times.
>> 
>> Larry
>> 
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