Impeachment of an Ex‐​President Is Unconstitutional

By Robert A. Levy


Former judge Michael Luttig has argued correctly that the Constitution refers to impeachment of the president, not the ex‐​president. Article II, section 4 provides that “The President … shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Accordingly, once a person is no longer president, he can’t be impeached or convicted. Our federal government has only those powers enumerated in the Constitution; it does not have the power to impeach a former president.

On the other hand, several legal experts have pointed to Article I, section 3, where the Constitution states 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.” Those experts note further that disqualification is a separate vote — requiring only a majority of the Senate, not the two‐​thirds required for conviction and removal. Accordingly, the disqualification vote could occur after the president had already been removed.

Said this (in jest) a few weeks ago:

They try to impeach trump


lawfaggotry makes it so biden is impeached