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thesquanderer

(11,990 posts)
Mon Jan 27, 2020, 05:07 PM Jan 2020

Q: If Trump is removed from office, is there anything to prevent him from running again in November?

If the party thinks he gives them their best chance to win... I'm not aware of anything in the Constitution that says that an impeached/removed person can't run for office (the same one or some other one) ever again. It would be weird, but I don't see anything legally preventing it.

ETA: Thanks to the posters who provided the info, that a vote to remove would be followed by a vote to determine whether or not he could again hold office.

19 replies = new reply since forum marked as read
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Q: If Trump is removed from office, is there anything to prevent him from running again in November? (Original Post) thesquanderer Jan 2020 OP
Yes. H2O Man Jan 2020 #1
My guess... FarPoint Jan 2020 #2
assuming they actually vote to remove him, there is a second vote after to decide unblock Jan 2020 #3
Technically better Jan 2020 #4
If Trump were removed he will not be eligible to hold any office again standingtall Jan 2020 #5
Only if they take that second vote leftieNanner Jan 2020 #11
If 67 vote to convict, only 51 need to vote to bar him from office for life. LonePirate Jan 2020 #18
And wouldn't that just be ginger peachy!! leftieNanner Jan 2020 #19
Depends what the Senate does, should they vote to convict hatrack Jan 2020 #6
I believe the senate takes 3 votes underthematrix Jan 2020 #7
Yes, there is. OliverQ Jan 2020 #8
Up to the Senate but it can be a condition Historic NY Jan 2020 #9
It's pretty clear Beausoleil Jan 2020 #10
Yes. Articles of Impeachment state that if removed, he's barred from running again. Claritie Pixie Jan 2020 #12
No, this is the House asking the Senate to convict and bar Beausoleil Jan 2020 #16
The answer is no, unless... brooklynite Jan 2020 #13
He can't ever hold any public office again if he's removed by an impeachment trial. ElementaryPenguin Jan 2020 #14
Yes vlyons Jan 2020 #15
If after removed by a senate vote a vote to deny holding future office need senate approval too.... magicarpet Jan 2020 #17

unblock

(52,273 posts)
3. assuming they actually vote to remove him, there is a second vote after to decide
Mon Jan 27, 2020, 05:09 PM
Jan 2020

if he is to be barred from every holding an office of public trust, which would certainly include the presidency.

so yes, he can be prevented from running again, but it's a separate vote in the senate.

better

(884 posts)
4. Technically
Mon Jan 27, 2020, 05:10 PM
Jan 2020

It depends on the Senate. A vote to remove him from office would be followed by a vote to bar him from holding future office, at least to the best of my understanding.

standingtall

(2,785 posts)
5. If Trump were removed he will not be eligible to hold any office again
Mon Jan 27, 2020, 05:10 PM
Jan 2020

he wont be convicted in the Senate even though he should be.

leftieNanner

(15,135 posts)
11. Only if they take that second vote
Mon Jan 27, 2020, 05:23 PM
Jan 2020

It's a separate thing. Vote #1 - remove from office. Vote #2 - deny him from holding any public office.

So it's not automatic. At least that's my understanding.

LonePirate

(13,427 posts)
18. If 67 vote to convict, only 51 need to vote to bar him from office for life.
Mon Jan 27, 2020, 05:45 PM
Jan 2020

That is merely a formality if the 67 hurdle is cleared.

leftieNanner

(15,135 posts)
19. And wouldn't that just be ginger peachy!!
Mon Jan 27, 2020, 05:47 PM
Jan 2020

The Bolton revelation seems to be moving some R Senators closer to hearing witnesses anyway. We still have a way to go to arrive at 67 and 51!

hatrack

(59,588 posts)
6. Depends what the Senate does, should they vote to convict
Mon Jan 27, 2020, 05:11 PM
Jan 2020

The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places the responsibility and authority to determine whether to impeach an individual in the hands of the House of Representatives. Should a simple majority of the House approve articles of impeachment specifying the grounds upon which the impeachment is based, the matter is then presented to the Senate, to which the Constitution provides the sole power to try an impeachment. A conviction on any one of the articles of impeachment requires the support of a two-thirds majority of the Senators present.

Should a conviction occur, the Senate retains limited authority to determine the appropriate punishment. Under the Constitution, the penalty for conviction on an impeachable offense is limited to either removal from office, or removal and prohibition against holding any future offices of “honor, Trust or Profit under the United States.” Although removal from office would appear to flow automatically from conviction on an article of impeachment, a separate vote is necessary should the Senate deem it appropriate to disqualify the individual convicted from holding future federal offices of public trust. Approval of such a measure requires only the support of a simple majority.

EDIT

https://www.sandersinstitute.com/blog/impeachment-and-removal

 

OliverQ

(3,363 posts)
8. Yes, there is.
Mon Jan 27, 2020, 05:11 PM
Jan 2020

Article 1, Section 3:

The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

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: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.


After Senators vote to convict him, which immediately removes him from office, they can take a vote and if 51 vote in favor, they can prevent him from ever running for office again.

But this is all meaningless since there is zero chance Republicans are going to convict him.

Beausoleil

(2,844 posts)
10. It's pretty clear
Mon Jan 27, 2020, 05:17 PM
Jan 2020

Conviction immediately removes the defendant from office. Following conviction, the Senate may vote to further punish the individual by barring him or her from holding future federal office, elected or appointed. As the threshold for disqualification is not explicitly mentioned in the Constitution, the Senate has taken the position that disqualification votes only require a simple majority rather than a two-thirds supermajority. The Senate has used disqualification sparingly, as only three individuals have been disqualified from holding future office.

https://en.wikipedia.org/wiki/Impeachment_in_the_United_States

Claritie Pixie

(2,199 posts)
12. Yes. Articles of Impeachment state that if removed, he's barred from running again.
Mon Jan 27, 2020, 05:24 PM
Jan 2020

Exact Text:

"Wherefore President Trump, by such conduct, has demonstrated that he will remain a threat to national security and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law. President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States."

https://www.nytimes.com/interactive/2019/12/10/us/politics/articles-impeachment-document-pdf.html

Beausoleil

(2,844 posts)
16. No, this is the House asking the Senate to convict and bar
Mon Jan 27, 2020, 05:31 PM
Jan 2020

It still takes a separate vote from the Senate to bar him in the future.

brooklynite

(94,635 posts)
13. The answer is no, unless...
Mon Jan 27, 2020, 05:24 PM
Jan 2020

...the Senate resolution to remove him includes supplementary language blocking him from running for office again.

vlyons

(10,252 posts)
15. Yes
Mon Jan 27, 2020, 05:30 PM
Jan 2020

A penalty of being impeached and removed would be that he could never again hold an elected office again.

magicarpet

(14,157 posts)
17. If after removed by a senate vote a vote to deny holding future office need senate approval too....
Mon Jan 27, 2020, 05:38 PM
Jan 2020

.... that applies to this trDump removal this time around.

##########

(begin snip)

Interestingly, as Democrats are counting on a handful of Republican senators to constitute a majority willing to set fair rules for Trump's impeachment trial, that same handful could also tip the balance upon any conviction in favor of disqualification for future office.

The Senate has only disqualified three people from holding future office after a conviction in an impeachment trial.

(end snip)

Much more at link below.


https://www.newsweek.com/impeachment-trump-constitution-2020-election-1478325

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