News

Impeachment explained: No, it won’t nullify an election or allow a 3rd term


U.S. President Donald Trump speaks during a meeting with U.S. Representative Jeff Van Drew, a Democratic lawmaker who opposed his party's move to impeach Trump, after Van Drew announced he was becoming a Republican, in the Oval Office of the White House in Washington, U.S., December 19, 2019. REUTERS/Joshua Roberts

Summary List Placement

President Donald Trump is set to be impeached for a second term in his first term in office, with the US House expected to vote Wednesday to charge him of inciting an insurrection in the US Capitol on January 6. 

After Trump was impeached for the first time in December 2019 on charges of abusing his office and obstructing Congress, he and his allies in Congress and the right-wing media floated the idea that Democrats are trying to “nullify” the 2016 election.

Trump made a similar claim on Twitter in February 2020, writing, “This is the biggest political crime in American history, by far. SIMPLY PUT, THE PARTY IN POWER ILLEGALLY SPIED ON MY CAMPAIGN, BOTH BEFORE AND AFTER THE ELECTION, IN ORDER TO CHANGE OR NULLIFY THE RESULTS OF THE ELECTION. IT CONTINUED ON WITH THE IMPEACHMENT HOAX. Terrible!”

“After three years of sinister witch hunts, hoaxes, scams, tonight the House Democrats are trying to nullify the ballots of tens of millions of patriotic Americans,” Trump said during a rally as the House of Representatives voted to impeach him last year. “With today’s illegal, unconstitutional, and partisan impeachment, the do-nothing Democrats … are declaring their deep hatred and disdain for the American voter. This lawless, partisan impeachment is a political suicide march for the Democrat Party.”

Trump was banned by Twitter after worries that tweets after his 2020 election defeat could incite more violence.

Read more: GOP kicks Trump to curb after deadly Capitol insurrection, leaving president to fend for himself during his historic second impeachment

Fact-checkers like Snopes also pointed out that some of Trump’s defenders have said that if he is impeached by the House but not convicted in the Senate and removed from office, he’s eligible to run for two more terms because the impeachment itself nullifies his first term in office.

Both these claims — that impeachment “nullifies” the 2016 election results and that Trump can run for two more terms because he was impeached — are false and inaccurate.

The first claim: Impeachment ‘nullifies’ an election

Put simply, it doesn’t. Impeachment is a constitutionally mandated process and has no effect on the results of an election.

Here’s what the Constitution says about impeachment:

Article 1, Section 2, Clause 5: “The House of Representatives shall [choose] their Speaker and other Officers; and shall have the sole Power of Impeachment.”
Article 1, Section 3, Clauses 6 and 7: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

“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 …read more

Source:: Business Insider

      

(Visited 7 times, 1 visits today)

Leave a Reply

Your email address will not be published. Required fields are marked *