The Constitutionality of Trying a Former President Impeached While in Office
The U.S. Capitol Building in snow. (Architect of the Capitol)
In his answer to the article of impeachment charging him with inciting insurrection, former President Trump has claimed that the Senate may not constitutionally try, convict and disqualify him from future federal office because, although he was impeached while still the president, his term has now expired. Recently on
Lawfare, Philip Bobbitt lent his considerable prestige to the proposition that the Constitution bars such a trial. I find Bobbitt’s arguments unpersuasive. Because the question is an important one, I explain my disagreements below.
It takes a lot to be kicked out of the United States Congress.
In fact, in its entire 231-year history, just 20 Members have been served with the ultimate sanction of expulsion – 15 from the Senate, and five from the House of Representatives.
Of these, 17 were removed for supporting the Confederacy rebellion in 1861 and 1862.
One of the remaining three was Senator William Blount who was expelled in 1797 for treason after he aided the British to conquer the Spanish territory of West Florida.
And in the past 160 years, just two more people have been thrown out: House representatives Michael Myers (1980) and Jim Traficant (2002), both for financial corruption.
By Syndicated Content
By Jan Wolfe
(Reuters) - The upcoming second impeachment trial of former President Donald Trump, focusing on a charge of inciting the deadly Jan. 6 storming of the U.S. Capitol by his followers, has prompted a debate over whether the proceeding is constitutional.
Some legal experts have said it is appropriate to hold the trial after Trump has left office, but there is no clear answer in the U.S. Constitution and no court has ruled on the issue. Many Senate Republicans have said they would vote to acquit Trump on that basis. Democrats note that the House of Representatives voted to impeach Trump a week before he left office.
By Syndicated Content
By Jan Wolfe
(Reuters) - The upcoming second impeachment trial of former President Donald Trump, focusing on a charge of inciting the deadly Jan. 6 storming of the U.S. Capitol by his followers, has prompted a debate over whether the proceeding is constitutional.
Some legal experts have said it is appropriate to hold the trial after Trump has left office, but there is no clear answer in the U.S. Constitution and no court has ruled on the issue. Many Senate Republicans have said they would vote to acquit Trump on that basis. Democrats note that the House of Representatives voted to impeach Trump a week before he left office.