Impeachment or the 14th Amendment: Can Trump be barred from future office?

lawmakers have said President Donald Trump should be disqualified from holding political office again following his impeachment on Wednesday for inciting a mob that stormed the Capitol as lawmakers were certifying President-elect Joe Biden's victory.

The U.S. Constitution says there are two ways to punish an impeached official: removal from office or “disqualification to hold and enjoy any office of honor, trust or profit under the United States." Removing an official requires a "conviction" by a two-thirds Senate majority under the Constitution. Under precedent, only a simple majority is needed for disqualification. Historically, that vote only happens after a conviction.

There is some debate over the scope of the disqualification clause and whether it applies to the presidency, said Brian Kalt, a law professor at Michigan State University. But Kalt said he thought disqualification would require conviction first. To do otherwise would be the equivalent of punishing the president for an offense he did not commit, Kalt said.WHAT ABOUT THE 14TH AMENDMENT?The provision states that no person shall hold office if they have engaged in "insurrection or rebellion" against the United States. It was enacted following the Civil War to bar Confederates from holding public office.

"The 14th Amendment route is very unclear as to what it would take to get it rolling," said Kalt. "I think it would require some combination of legislation and litigation."A Supreme Court case from 1993 makes clear that the court is wary of second-guessing how the Senate handles impeachment. In that case, involving an accused judge, the court said whether the Senate had properly tried an impeachment was a political question and could not be litigated.

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