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Archive of posts filed under the Impeachment category.

More from Professor Tillman on Cruz and Clinton

Professor Tillman responds to separate comments by Professor Rick Hasen and me (for the latter see my prior post) regarding legal issues that might affect the candidacies of Senator Cruz and former Senator Clinton. Tillman notes that there is a conflict between two principles here: “one, protecting the democratic process from wrongful manipulation by prosecutors [...]

Hey, Did You Hear Ted Cruz Was Born in Canada?

Or maybe he was born in New York, and faked his birth certificate to hide the shame. I’m just saying. Anyway, Professor Seth Barrett Tillman has a new post which compares the amount of attention given to the question of whether Senator Cruz is a “natural born Citizen” within the meaning of Article II, section [...]

The Judicial Conference on Impeachment of a Former Judge

In this certification pursuant to the Judicial Conduct and Disability Act, the Judicial Conference “certifies to the House of Representatives its determination that consideration of impeachment of former United States District Court Judge Mark E. Fuller (M.D. Ala.) may be warranted.” The Judicial Conference’s certification was based on findings that Judge Fuller had (a) repeatedly [...]

Professor Seth Barrett Tillman: Hillary Can Run from Jail

(see update below) More precisely, Tillman argues here that any attempt to disqualify former Secretary Clinton from the presidency based on conviction of a crime, including 18 U.S.C. § 2701 (which provides that anyone convicted “shall forfeit his office and be disqualified from holding any office under the United States”), would be unconstitutional. FWIW, I [...]

Quinnipiac Law Review Symposium on the Disqualification Clause

A forthcoming issue of the Quinnipiac Law Review features four articles responding to Benjamin Cassady’s “You’ve Got Your Crook, I’ve Got Mine”: Why the Disqualification Clause Doesn’t (Always) Disqualify, 32 Quinnipiac L. Rev. 209 (2014). The editors were kind enough to ask me to write the foreword, which you can find here. It’s extremely hilarious [...]

Virginia’s John Wilkes Wannabe

For any middle-aged legislator thinking about going all flagrante delicto with an underage intern, be warned that potential consequences include not only pregnancy, but thorny constitutional issues. Tweet

In Case You Haven’t Had Enough of the Disqualification Clause Already

Professor Brian C. Kalt has posted this response to Benjamin Cassady’s article on the Impeachment and Disqualfication Clauses. (Hat tip- Seth Barrett Tillman. Apparently there is a whole symposium on this topic, and more articles will be forthcoming). I had to smile when I read Professor Kalt’s opening paragraphs: Benjamin Cassady has put great effort [...]

Is the Presidency an Office “Under” the United States?

Applying Benjamin Cassady’s “electoral pardon” principle might suggest that the Disqualification Clause is inapplicable to the presidency (and vice-presidency). After all, if voters are allowed to disregard a candidate’s prior impeachment (or expulsion) and elect “their crook” to Congress, why shouldn’t the same hold true for a candidate for president? Professor Tillman maintains that the [...]

House of Cads: Legislators and the Disqualification Clause

So I have now read Benjamin Cassady’s “You’ve Got Your Crook, I’ve Got Mine,” 32 Quinnipiac L. Rev. 209 (2014), to which Professor Tillman’s article responds. Cassady makes the case that the Constitution’s Impeachment and Disqualification Clauses do not apply to federal legislators. Much of the article is devoted to explaining why this result makes [...]

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 [...]