This chapter addresses the proponents’ contention that a President must be impeached and removed before being criminally prosecuted. The argument is based on Article I, Section 3 of the Constitution which provides that upon removal, the President,” shall nevertheless be subject to indictment, trial, conviction, and punishment.” While this sequence of removal before prosecution was advocated by Hamilton both at the Federal Convention of 1787 and in The Federalist, the generally accepted interpretation is that the provision was intended to avoid claims of double jeopardy if a removed civil officer were criminally prosecuted, rather than implying a mandatory sequence.

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Impeachment: Sequentiality

  • H. Lowell Brown

摘要

This chapter addresses the proponents’ contention that a President must be impeached and removed before being criminally prosecuted. The argument is based on Article I, Section 3 of the Constitution which provides that upon removal, the President,” shall nevertheless be subject to indictment, trial, conviction, and punishment.” While this sequence of removal before prosecution was advocated by Hamilton both at the Federal Convention of 1787 and in The Federalist, the generally accepted interpretation is that the provision was intended to avoid claims of double jeopardy if a removed civil officer were criminally prosecuted, rather than implying a mandatory sequence.