# A presidential hypothetical: re-election after impeachment

**URL:** <https://boards.straightdope.com/t/a-presidential-hypothetical-re-election-after-impeachment/820894>\
**Category:** In My Humble Opinion\
**Created:** [September 6, 2018, 6:10pm UTC](https://boards.straightdope.com/t/a-presidential-hypothetical-re-election-after-impeachment/820894 "2018-09-06T18:10:05Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\
**Post date:** [September 8, 2018, 12:07am UTC](https://boards.straightdope.com/t/a-presidential-hypothetical-re-election-after-impeachment/820894/21 "2018-09-08T00:07:24Z")

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> [@Ravenman](#):
>
> I would think that Congress would rather like the power of choosing the next President, and not dealing with an impeached and convicted former President.

The only problem is that they have to choose from among the top 3 vote-getters in the Electoral College. What if it’s a Republican Congress and the only other vote-getters are Elizabeth Warren and [Faith Spotted Eagle](https://www.seattletimes.com/seattle-news/politics/meet-faith-spotted-eagle-the-native-elder-voted-for-president-by-a-washington-state-elector/)?

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [September 8, 2018, 7:24am UTC](https://boards.straightdope.com/t/a-presidential-hypothetical-re-election-after-impeachment/820894/22 "2018-09-08T07:24:35Z")

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> [@Ace309](#):
>
> I hope you don’t mind if I piggyback on this. Suppose that Congress did impeach a sitting President, and did disqualify him from holding office.
> 
> Suppose then that the President ran for re-election and was re-elected.
> 
> Who has standing to attempt to enforce the impeachment’s sentence? When would the issue be ripe? Would a court hear the case, or would it be considered a nonjusticiable political question? I have a hazy recollection of the Adam Clayton Powell case being on point, but I have no idea if the reasoning would extend.

My best guess for standing would be anyone who ran against them would have standing. The Court could then surely declare their inauguration to be unconstitutional. The impeachment and conviction is a constitutional process, after all.

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**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\
**Post date:** [September 11, 2018, 1:19pm UTC](https://boards.straightdope.com/t/a-presidential-hypothetical-re-election-after-impeachment/820894/23 "2018-09-11T13:19:10Z")

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> [@Pleonast](#):
>
> In theory, Congress could impeach, convict, and disqualify from future office the President, but not remove from the current position. But very strange to do that.

I disagree. Consider a second-term president nearing the end of her term who might otherwise later assume another federal appointment (e.g. SCOTUS). Disqualification provides the punishment, but letting the President stay in place prevents the VP from assuming the Presidency and campaigning as President.

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