Wednesday, December 11, 2019

How Should the Senate Deal with an Unconstitutional Impeachment by the House?


Via Billy



 

If the House of Representatives were to impeach President Trump on the two grounds now before it, the senate would be presented with a constitutional dilemma. These two grounds— abuse of power and obstruction of Congress— are not among the criteria specified for impeachment. Neither one is a high crime and misdemeanor. Neither is mentioned in the constitution. Both are the sort of vague, open-ended criteria rejected by the framers. They were rejected precisely to avoid the situation in which our nation currently finds itself. Abuse of power can be charged against virtually every controversial president by the opposing party. And obstruction of Congress — whatever else it may mean — cannot extend to a president invoking privileges and then leave it to the courts to referee conflicts between the legislative and executive branches.

4 comments:

  1. Me thinks that a Legal Autopsy is in order. OPEN THIS THING UP, Let's see what crawls out, and club it to death. Seek the STRONGEST penalties and punishments for any, and ALL, Treasonous Persons caught up in the net. This is a PRIME teachable moment for everyone. Stay STRICTLY within the Confines of the Constitution and the Rule of Law. Play NO FAVORITES! Make MINIMAL DEALS with the lesser players to get the BIG FISH. This HAS TO BE STOPPED DEAD IN IT'S TRACKS, if this Nation is to SURVIVE.

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  2. Too many Senators would be caught with their hands in the cookie jar whether it's Russia, Ukraine, China or M.E. funding. The best outcome at the senate would be to refuse to address a flawed and illegal impeachment and let it die. Hope that Barr, Durham and others will put the most guilty in jail and drive the rest out of government.

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    1. Hope that Barr, Durham and others will put the most guilty in jail and drive the rest out of government.

      Me too.

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