The Feasibility of Impeachment in the Age of Trump: A Constitutional Analysis
With the potential re-election of Donald Trump in 2024, the conversations surrounding impeachment and constitutional amendments have once again come to the fore. In the event that Trump not only renews his candidacy but also successfully changes the Constitution to allow for a lifetime presidency, the consequences for American democracy could be profound. This article delves into the constitutional implications, including the possibility of multiple impeachment trials and the role of the Supreme Court in such scenarios.
Constitutional Amendments and Lifelong Presidency
Should Donald Trump win the presidency once more, the prospect of amending the Constitution to create a lifetime presidency would raise significant constitutional and legal questions. As Bob Bauer suggests, a future Trump administration may aim to change the Constitution to enable personal governance beyond a single term limit. Under such a scenario, Trump could potentially run again in 2028, this time for a “regal office” of a lifetime president. Though this is purely hypothetical, the arguments surrounding immunity, constitutional rights, and the balance of power within the government are crucial.
Impeachment and Precedents
Impeachment, a powerful tool for removing government officials, has been utilized against President Trump twice. The possibility of future impeachments in the event of Trump's return to power is not undermined by his previous acquittals. Many legal experts have contended that the impeachment process can, and indeed, has been applied to the same individual multiple times for different charges. The question remains: can Trump be impeached again for the same or different offenses?
Double Jeopardy and the Impeachment Process
The double jeopardy protection, enshrined in the Fifth Amendment to the United States Constitution, prohibits an individual from being tried again for the same offense after they have been acquitted. However, the applicability of double jeopardy in the context of impeachment is complex. The arguments hinge around whether impeachment is a criminal trial or a political process. If impeachment is perceived as a political game rather than a judicial proceeding, the traditional rules of criminal proceedings may not apply.
According to Samuel Alito and John Roberts, the double jeopardy clause would prevent retrial after the Senate impeachment trial. However, as Daniel Hemel and ("")Somsak argue, the impeachment process is distinct from criminal trials, and a second impeachment could be valid. The Supreme Court could ultimately resolve this dispute, setting a precedent for future cases.
Historical Precedents and Future Implications
Historically, the impeachment process has been utilized more than once against the same individual. The first impeachment of Bill Clinton, for example, occurred in 1999. It is possible, if not probable, that when the scenario arises again, there will be multiple impeachment trials targeting Donald Trump for various offenses.
Implications for American Democracy
If Trump's presidency were to continue or even last for a lifetime, the consequences for American democracy would be far-reaching. The ongoing possibility of impeachments and the subsequent acquittals could demoralize the democratic process and erode public trust in the government. Given the House Democrats' potential majority and Speaker Nancy Pelosi's declining health, the number of possible impeachment proceedings could multiply.
The impeachment process, while designed to protect the country from corrupt or malicious leaders, would itself become a political tool. Trump's acquittals could lead to a more cynical and polarized political landscape, where the impeachment proceedings are seen as mere political games rather than genuine efforts to uphold the law and the Constitution.
Conclusion
The possibility of multiple impeachment trials against Donald Trump, especially if he becomes a lifetime president, raises intriguing constitutional questions. Double jeopardy, as a principle, may not apply in the context of impeachment, but this is far from settled legal ground. The ultimate arbiter, the Supreme Court, will likely play a pivotal role in clarifying these issues. As the political climate continues to shift, the balance of power within the government will be tested, and the principles of American democracy will be put to the test.