A few weeks ago, Sam Bray wrote a post about Section 3 and "Officers of the United States." That post was cited in several amicus briefs, and an attendee at the San Diego conference asked me about it today. Here, I will provide a reply.
The Impeachment Clause provides, "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment …." The Colorado District Court held that the Impeachment Clause "separates" the President and Vice President "from the category" of "all civil Officers of the United States." While the Appointments Clause refers to "all other Officers of the United States," the Impeachment Clause refers only to "all civil Officers of the United States."
Sam disagreed with this position, and offered an explanation for why the President and Vice President are separated out from "all civil Officers of the United States."
