Grounds for the Impeachment of President Donald Trump

The Emoluments Clause

The “emoluments” clause of the U.S. Constitution provides,

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

–Article I, Section 9, Clause 8

Presidential Oath of Office

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

–Article II, Section One, Clause 8 of the United States Constitution

Impeachment and Removal from Office

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

–The Constitution, Article II, Section 4

If impeached by the House of Representatives, the President may be removed from office by a two-thirds vote as set forth below:

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 Impeachments 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 Punishmnet, according to Law.

–The Constitution, Article I, Section 3

See generally The Heritage Guide to the Constitution, Standards for Impeachment,” heritage.org.

Articles and Commentary

Norman Eisen, Richard Painter, and Laurence H. Tribe, “The Emoluments Clause: Its text, meaning, and application to Donald J. Trump, Brookings (Report), December 16, 2016.

Jesse Singal,”The Case for Donald Trump’s Impeachability,”New York Magazine, December 20,2016 (8:33 a.m.)

For now, the critical question is whether there exist grounds to impeach Donald Trump. The question of when and how that might happen is a separate issue.

Spirit of Publius

This entry was posted in Bribery, Donald J. Trump, Electoral College vote on December 19, Emoluments Clause of the Constitution, Grounds for Impeachment, High Crimes and Misdemeanors, Impeachment, Remmoval from Office, Treason and tagged , , , , , , , , , , . Bookmark the permalink.

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