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

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Discussion Overview

The discussion revolves around the interpretation of the phrase "disqualify to hold and enjoy any office of Profit" as stated in Article 1, Section 3 of the U.S. Constitution. Participants explore the implications of this disqualification, particularly in the context of impeachment and the nature of "offices of profit" within the U.S. government.

Discussion Character

  • Debate/contested
  • Conceptual clarification

Main Points Raised

  • Some participants propose that the disqualification specifically pertains to holding executive office positions, emphasizing the separation of powers among the legislative, executive, and judiciary branches.
  • There is a question regarding the exact meaning of "an office of profit," with some suggesting it refers to positions that involve financial compensation from the U.S. government.
  • One participant notes the capitalization of "Trust" and "Profit" in the constitutional text, suggesting it may indicate a specific legal interpretation.
  • Another participant argues that the term "profit" typically refers to monetary gain, while others question whether the disqualification implies a broader ban on making any profit.
  • Some participants clarify that "office of profit" likely means a paid position within the U.S. government, distinguishing it from volunteer roles.
  • There is a discussion about the implications of the word "under" in the phrase, with some suggesting it indicates that the disqualification applies only to positions compensated by the U.S. government, not to private profit-making activities.

Areas of Agreement / Disagreement

Participants express differing interpretations of the phrase "office of Profit," with no consensus reached on its precise meaning or implications. The discussion remains unresolved regarding whether the disqualification extends to all forms of profit-making or is limited to government compensation.

Contextual Notes

Participants reference varying interpretations of constitutional language and the significance of capitalization in legal texts. There are also links provided to external resources for further exploration of the topic.

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

Democracy has something called 'separation 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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My question is exactly is "an office of profit"
 


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.)
 


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


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


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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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.
 
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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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