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Can Congress Impeach Bill Clinton Again?

Emily YoffePosted Monday, Feb. 12, 2001, at 6:57 PM ET

Sen. Arlen Specter, R-Pa., has suggested that Bill Clinton, though now out of office, could be impeached for his pardon of fugitive Marc Rich (although probably not for grabbing a couple of coffee tables). Can a former president be impeached?

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Apparently, yes. Obviously a former president would not be subject to removal from office, but scholars say that Article I, Section 3 of the Constitution, which says that impeachment may result in "disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States," could apply. In practical terms, an impeachment would mean Clinton could not serve in any other federal elective or appointive office. Clinton would not have automatic protection against such a proceeding because he was exercising his constitutionally given pardon power. Scholars say abuse of such power can be grounds for congressional action. It is less clear whether a conviction could mean the removal of his pension, government-funded office, and other perks.

Although impeaching a former president would be a first, there is some scant precedent for impeaching someone already removed from office. In 1797, Sen. William Blount of Tennessee was charged with treason for a scheme to help the British take land from Florida controlled by the Spanish. (Fortunately, Florida land speculation is no longer considered a treasonable offense.) Blount was unanimously impeached by the House, then expelled by the Senate (a process separate from impeachment). The Senate decided to go ahead with its impeachment trial although in the end it acquitted Blount because he was no longer in office. William Belknap, secretary of war under Ulysses Grant, was impeached by the House on bribery charges and resigned from office. Though the Senate went ahead with his trial, he, too, was acquitted because he was no longer in office.

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Explainer thanks Michael Gerhardt of the William and Mary School of Law, Akhil Reed Amar of Yale Law School, and Don Ritchie of the Senate Historical Office.

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Emily Yoffe is the author of What the Dog Did: Tales From a Formerly Reluctant Dog Owner. You can send your Human Guinea Pig suggestions or comments to .

COMMENTS

Reader Comments From The Fray:

This is not quite right. Disqualification from offices of honor, trust, and profit does not include elective office (other than President or Vice President). In other words, an impeached official can still be elected to Congress (see, e.g., Alcee Hastings). Conversely, congressional officials cannot be impeached (the Blount precedent establishes that).

--Prof Brian Kalt

(To reply, click here.)

The last Clinton impeachment resulted in the resignations of Gingrich and Livingston; DeLay going into hiding behind Hastert; the embarrassment of "love child" Burton and "adulterer who takes the fifth" Barr; and the electoral defeat of Rogan. And that's just the House. I'm hoping the Republicans try again. If the collateral damage takes five more, the Democrats regain control! Go, Arlen, go.

--History Guy

(To reply, click here.)

To History Guy:

I have been arguing against impeachment. I think that the case law, and the Constitution itself, don't support Sen. Specter's opinion. But, you have made me reassess my position. I will now root for an impeachment. If this precedent is set, and the GOP suffers for it, then maybe we can go back and impeach Mr. Reagan over Iran-Contra (I'd like to go as far back as the unfinished Nixon impeachment, but that case is well beyond moot). We can even go back and impeach Mr. G.H.W. Bush over his role in Iran-Contra. If the GOP wants to open this can of worms, then I'm more than willing to go fishing

--Tony Adragna

(To reply, click here.)

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