Quick question for all you Constitutional scholars (re: Impeachment)

[NYC Liberal]

It's really a pointless little question that popped into my mind, but then, of course, I started think about it and now I'm itching for an answer ;)

So, in the Constitution, in Article 1, Section 3, it says 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

Now this has nothing to do with Bush - it's just a general question that as I said before, I'm just itching for an answer to, but:

Seeing as that clause specifies that "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office...", could Congress decide to allow the President to finish his term, but bar him from holding any future office?

It seems to me that the clause does NOT say, "judgement SHALL BE" but rather says that the MOST Congress can do is remove the President from office and bar him from future offices; in other words, they have a choice in "sentencing", but that the sentence cannot go beyond those two things.

Of course, it's unlikely that if the crimes were serious enough that they got to that point and actually convicted, they wouldn't remove the President. But it could come up if, for example, you had a President with less than a year left in his term and the pro-Impeachment Senators were some votes short and as a compromise said, "We'll let the president finish his term, but bar him from running for any office in the future once he's out."

Stupid question? Obvious answer?

[pocoloco]

1. Why bother over a "goddamn piece of paper"??

[Truth2Tell]

2. I can't imagine * could ever be elected dogcatcher

after this current performance.

But this could apply to Gonzo maybe?

[NYC Liberal]

3. True, it could come up for any impeachment so Gonzo could be a better example

[Dj13Francis]

4. What other office would he want?

To my knowledge no ex-president has ever gone on to have any other government position other than ex-president, with the possible exception of Grover Cleveland who became president again. I believe the phrase means that impeachment can only remove and bar someone from office. Congress can go no further as far as criminal prosecution. Bush would need to be sent to The Hague for that. Or I suppose after he's left office a US Attorney could file charges of treason against him, but obviously that won't happen until he's left office. That's one reason why I think he'll resist leaving. I don't think he'll go quietly off into the sunset in January 2009, but I sure hope I'm wrong.

[Gregorian]

5. I seem to recall something on this subject about a year ago.

Something about impeachment automatically removes any right of the impeached to ever hold public office again.

I'm sorry I don't have the memory that some here have. But this might point you in the right direction to do some further research. And it may or may not have been John Dean who wrote about this. Again, sorry.

[Bitwit1234]

6. If he finishes his term....

he can be tried and convicted and jailed.