Constitution to disqualify to hold and enjoy any office of Profit?

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In summary: No, my question is whether banning from an office of Profit (note capitalization) is considered banning from any way of making a profit.
  • #1
Josh111
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What does it mean in the constitution to disqualify to hold and enjoy any office of Profit?

Article 1 section 3 U.S Constitution:

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
 
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  • #2


It just means they can't hold any executive office positions.

Democracy has something called 'Seperation of Powers'... the 3 separate groups are 'executive, legislature, and judiciary'

To further this the reason this exists is to make sure that the 3 different groups don't 'mingle'. So in America it would be Legislative: congress, Executive: President, Judiciary: Supreme Court.

So after being impeached this just says you can't hold an 'executive appointment' under the United States of America
 
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  • #3


My question is exactly is "an office of profit"
 
  • #4


You have capitalized 'trust' and 'profit'. In my copy these are not capitalized.

The Senate is given the power to impeach--remove from government office and more. The Senate may specify that the impeached may not be allowed to hold a position where they are in the pay of the US government or make money in a business arrangement.

(Interpretations such as Al Gores 'living constitution', may vary.)
 
  • #6


I think Josh is literally asking what the word "profit" means in this context. It usually means acquisition of money.
 
  • #7


No, my question is whether banning from an office of Profit (note capitolization) is considered banning from any way of making a profit.
 
  • #8


Phrak said:
You have capitalized 'trust' and 'profit'. In my copy these are not capitalized.

The Senate is given the power to impeach--remove from government office and more. The Senate may specify that the impeached may not be allowed to hold a position where they are in the pay of the US government or make money in a business arrangement.

(Interpretations such as Al Gores 'living constitution', may vary.)

Here is the sight that has it capitalized
http://www.senate.gov/civics/constitution_item/constitution.htm
 
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  • #9


Josh111 said:
No, my question is whether banning from an office of Profit (note capitolization) is considered banning from any way of making a profit.

An office of profit meant, and means an office of profit under the domain of the US governent.
 
  • #10


Josh111 said:
No, my question is whether banning from an office of Profit (note capitolization) is considered banning from any way of making a profit.

I am thinking it means an office that is a paid position in the US government as opposed to doing work for the government but not being paid, such as a volunteer position.
 
  • #11


Josh111 said:
No, my question is whether banning from an office of Profit (note capitolization) is considered banning from any way of making a profit.

No, the Constitution states "under the united states".

By using the word "under" rather than "in" they mean you can't be paid by the US government, rather than you can't be paid anywhere in the United States. You can still make profit privately.
 
  • #12


Does this help?
http://en.wikipedia.org/wiki/Office_of_profit"
 
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  • #13


jimmysnyder said:
Does this help?
http://en.wikipedia.org/wiki/Office_of_profit"

Yes this is exactly what I was talking about earlier in my post, thanks jimmy! :smile:
 
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Related to Constitution to disqualify to hold and enjoy any office of Profit?

What is the purpose of the provision in the Constitution to disqualify individuals from holding office of profit?

The purpose of this provision is to prevent conflicts of interest and ensure that individuals in positions of power do not use their influence for personal gain. It helps maintain the integrity and impartiality of public offices.

What is considered an "office of profit" under the Constitution?

An office of profit is a position held by an individual which generates income or financial benefit for them. This can include positions in the government, public sector, or private organizations that receive government funding.

Who is affected by the provision to disqualify individuals from holding office of profit?

The provision applies to all individuals, including elected representatives, government officials, and public servants, at both the central and state levels of government.

What is the process for disqualification from holding office of profit?

The process involves filing a complaint or petition with the appropriate authority, such as the Election Commission of India, citing the specific individual and their office of profit. The authority then conducts an inquiry and makes a decision on the disqualification.

Can an individual appeal a decision of disqualification from holding office of profit?

Yes, an individual can appeal the decision of disqualification to the appropriate court or judicial body. They can also challenge the validity of the provision itself if they believe it is being misused or unfairly applied.

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