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Tillman on the Disqualification Clause

Professor Seth Barrett Tillman has posted this draft article on the Disqualification Clause of Article I, § 3, cl. 7, which provides that “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.” Long story short, Professor Tillman argues that an “Office of honor, Trust or Profit under the United States” extends exclusively to statutory or appointed offices and excludes elected positions such as President, Vice-President, Senator and Representative. Thus, under his theory if a president, vice-president or a civil officer of the United States is impeached, removed from office and disqualified, that individual remains eligible to serve in any of the aforementioned elected positions. Tillman cites a number of pieces of evidence which he believes support this conclusion (some of which we have discussed in prior posts), and he argues that it is consistent with the “democracy canon” that, all other things being equal, the people should be entitled to vote for whomever they please to represent them.

This particular issue may be of limited practical importance, unless you are planning to work on the Porteous 2016 campaign, but it is of some interest with respect to the methodology of constitutional interpretation as well as other constitutional provisions that apply to “officers of” or “offices under” the United States. Related discussions may be found here (“May the President Accept a Foreign Title of Nobility?”), here (“Tillman’s Puzzles for Amar (or Who You Callin ‘Atextual’?)”) and here (“Six Answers for Six Puzzles”).

 

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