Cassady on the Disqualifications Clause

Ben Cassady (Yale University – Law School) has posted 'You've Got Your Crook, I've Got Mine': Why the Disqualification Clause Doesn't (Always) Disqualify (Quinnipiac Law Review, Vol. 32, No. 209, 2014) on SSRN. Here is the abstract:

Alcee Hastings was impeached, convicted, and removed from the federal bench. He later ran for Congress, won, and was seated without controversy. But what if the Senate had instead imposed the ultimate political death sentence for a federal officer: "disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States"? Had Hastings been impeached, convicted, AND disqualified, would he still have been able to take his seat in the House? Should he have been able to do so?

Yes.

This Article argues that, for reasons of history, structure, and institutional practice, the Disqualification Clause should not be read to apply to legislative seats. While an impeached, convicted, and disqualified President, department head, or judge may be disqualified from ever again serving in the executive or judicial branches, he cannot be barred from serving in the House or the Senate after his voters have knowingly pardoned him.

Update: Thomas Porteous, a former federal district court judge for the Eastern District of Louisiana, was impeached, convicted, and disqualified for corruption in 2010. He is only the third official (and the only living one) to be punished by disqualification, and thus the only potential beneficiary of this paper's arguments should he develop federal political aspirations. Page 216 (fns. 35-36), however, omit Porteous, and should read that the Senate has imposed this punishment three times (not twice.) Much thanks to Seth Barrett Tillman for pointing this out.