Opinion: Under the Constitution, Congress actually could remove the president for the rest of his term while still letting him seek reelection next year
Edward B. Foley directs the Election Law program at the Ohio State University’s Moritz College of Law, where he also holds the Ebersold Chair in constitutional law.
The Senate’s practice in impeachment cases has been to hold separate votes on removal and disqualification. The removal vote is the same as the vote on whether to convict on the charges presented by the House’s referral of impeachment. The Constitution’s threshold for conviction and removal is “two-thirds of the [Senators] present.” But disqualification is different.
None of Trump’s previous improprieties—as disgraceful as they are—justified preventing the voters from being the ones to remove Trump from the White House. His 2016 campaign’s “collusion” with Russia: not sufficiently attributable to him personally, and not involving conduct as an incumbent president.
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