Suppose Congress successfully impeaches and removes a sitting President of the USA. Can this person still run for a second term? Assuming the usual rules about term limits are observed, of course.
At the very least, once impeached and removed from office, it wouldn't be "re-election" as much as "election for a second time, with an intervening term"
Commented May 19, 2017 at 16:48@ColinZwanziger If you quote an article from the Constitution to back up the claim that Congress can do that, I think you've the core of an answer.
Commented May 19, 2017 at 17:50@abelenky Re-election as in "winning two elections in a row." Besides, no matter how it's called by lawyers, I think the purpose of my question is clear.
Commented May 19, 2017 at 17:57 @ColinZwanziger Then let's hope someone else knows the answer. Commented May 19, 2017 at 18:02@abelenky Apart from lawyers, everyone seems to understand what I mean. Nevertheless, I've reworded the question to avoid this kind of discussion.
Commented May 19, 2017 at 21:09Answer: During an impeachment trial, the Senate can "disqualify" an officeholder from holding any public office again, but that is a separate vote from their "removal".
Article 1, Section 3, Clause 7 of the Constitution says (emphasis mine):
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.
At first glace I assumed this meant that someone who is removed by impeachment is therefore automatically disqualified from holding office, but case law shows this is not how that has been interpreted:
Since ratification, four troublesome questions have arisen under this clause. The first was whether the Senate may impose the sanctions of removal and disqualification separately and, if so, how. The Senate claims that it may impose these sanctions by separate votes: (1) removal, involving the ouster of an official from the office he occupies at the time of his impeachment trial, and (2) disqualification barring the person from ever serving again in the federal government. In 1862 and 1913, the Senate took separate votes to remove and disqualify judges West Humphreys and Robert Archbald, respectively. For each judge, a supermajority first voted to convict followed by a simple majority vote to disqualify. The Senate defended this practice on the ground that the clause mentioning disqualification does not specify the requisite vote for its imposition, although Article II, Section 4, mentions removal as following conviction. The Senate in 1862 and 1913 considered that the supermajority requirement was designed as a safeguard against removal that, once satisfied, did not extend to the separate imposition of disqualification.
So the Senate has the power to vote separately on removal (by supermajority) and/or disqualification (by simple majority), but the one does not imply the other.
The Senate may subsequently vote on whether the impeached official shall be disqualified from again holding an office of public trust under the United States. If this option is pursued, a simple majority vote is required.
So yes, an impeached and removed President could still run for office, unless he or she was also explicitly disqualified by the Senate (or was ineligible for other reasons, like term limit exclusions).
EDIT: To be clear, you can be removed without being disqualified, but you can't be disqualified without being convicted/removed.
Following the Vote on Each Article, the Presiding Officer Pronounces the Decision. Once the Judgment of the Senate has Been Pronounced on the Articles of Impeachment, the Trial Might Progress in Two Ways. If the Respondent Was Found Not Guilty on All Charges, the Verdict of Acquittal Was Announced and the Senate Sitting as a Court of Impeachment Adjourned Sine Die. If the Respondent Was Found Guilty of Any of the Charges, the Judgment of Removal and Possible Disqualification From Ever Holding an Office of Trust or Profit Under the United States Was Presented