After Trump impeachment trial, his term has ended in history


Photographer: Chip Somodevilla / Getty Images

Donald Trump’s second impeachment trial will be the first novel to extend beyond a presidential time, creating a novel legal question that may eventually require a Supreme Court resolution.

The answer has not been decided, but there is bad news for Trump in history: a sparse but consistent line of lower-level impeachment in the past suggests that the Senate retains power to keep him on trial even after his term ends. It holds. If it convicts him, the Senate may seek a second vote to prevent him from running for office again.

Many legal scholars say that the proponents of the constitution did not intend to leave the president free on days of his terms to engage in wrongdoing without consequence.

Kate Shaw, a constitutional law professor at the Cardozo School of Law, said “history, impeachment practice, and basic constitutional design all clearly point in favor of the constitutionality of a former president’s attempt.”

President Trump visits the White House for the border

Donald Trump departed the White House for Texas on January 12.

Photographer: Drew Anger / Getty Images

The constitution does not explicitly say whether the Senate can be tested after leaving the presidency. Article II, Section 4 states that the President and other officers “shall be removed from office” if found guilty. Article I, Section 3 states that Senate measures are limited to removal and disqualification from holding office in future.

But the context in which the constitution was written provides some clues. The Constitutional Convention of 1787 took place as the British Parliament was in the process of impeachment and attempt against former Governor-General William Hastings of India.

What’s next as Trump’s impeachment chief in the Senate: Quicktech

And since then the practice suggests a broader understanding that Brian Cult, according to Professor, maintains Senate jurisdiction Author of a 2001 law review article about the Michigan State University College of Law and the so-called late impeachment.

“In many cases, As the House and Senate have moved forward, however, they can remove and try to those who have already left office, and in one case the Senate took a specific vote to that effect, “Cult said said.

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