jayem
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- Jun 24, 2003
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Sort of. Disqualification from holding office is not automatic. It needs to be positively imposed by the Senate. There is currently a Congressman who was once a federal judge before being impeached and removed from office.
Yes, that is correct. Although the exact language of Article I, Sec. 3 is a bit vague:
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: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
I suspect it could be argued that being elected to Congress is a state prerogative. And it might not be an "office of honor, trust or profit under the United States." But even so, if a President removed from office by impeachment was elected to Congress, the House or Senate could refuse to seat him.
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