Skip to comments.Senate to hold rare impeachment trial for judge
Posted on 12/06/2010 5:41:26 PM PST by kingattax
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“In addition, the Senate also voted 942 to bar Porteous from holding federal office in the future. So no one need worry about him getting elected to Congress, as impeached judge Alcee Hastings did.”
“UPDATE: Senior Conspirator Eugene Volokh points out that its not entirely clear that the Senate has the power to ban impeached and convicted judges from running for Congress. He discussed the issue in some detail in this 2009 post. I tend to think that the Senate ultimately does have that power. But Eugenes analysis shows that the issue is a lot more debatable than I initially thought.”
Translation: Ilya Somin doesn’t know what he’s talking about. That Congress is not a n office of honor, trust and profit under the U.S. is not a “debatable” point, it’s a well established one. Some scholars may disagree with it, but they are a distinct minority.
Besides, the Senate did not even purport to disqualify Porteous from ever serving in Congress. The 94-2 vote was on a “Motion to Forever Disqualify G. Thomas Porteous, Jr. to Hold and Enjoy Any Office of Honor, Trust, or Profit Under the United States.” Somin thought that the Senate meant to disqualify Porteous from serving in Congress, but it’s only because Somin obviously is not very well versed on this subject.
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