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Thu Oct 31, 2019, 06:45 PM

Trump is getting his constitutional rights in House impeachment inquiry

The repeated Republican cries of procedural foul in the House impeachment investigation ignore the Constitution's impeachment provisions and how they have been applied historically. The fact of the matter is, President Trump is being properly put to the impeachment test. The House investigation is not a criminal prosecution; it is a constitutional check on the president given solely to Congress between elections.

If the President is impeached by the House of Representatives and convicted by the Senate, he will not go to jail. The penalty will be removal from office. What's happening in the House is well within the bounds of the Constitution and historical practice.

Let's start with the Constitution. Article I, 2 provides that "[t]he House of Representatives ... shall have the sole power of impeachment." Under Article I, 3, "The Senate shall have the sole power to try all impeachments." Importantly, Article I, 5 says that "[e]ach house may determine the Rules of its Proceedings." In Walter Nixon v. United States, a 1993 case involving a due process challenge by a federal judge to the procedures adopted by the Senate for his impeachment trial, the Supreme Court declined even to review the procedures, making it clear that the judiciary cannot interfere in the impeachment process.

Thus, the Constitution gives Congress wide discretion in the process it uses to discharge its impeachment duties.


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Reply Trump is getting his constitutional rights in House impeachment inquiry (Original post)
Yo_Mama_Been_Loggin Oct 31 OP
Aristus Oct 31 #1

Response to Yo_Mama_Been_Loggin (Original post)

Thu Oct 31, 2019, 06:53 PM

1. Trump is stupid.

But he has enough animal cunning to understand that if he is removed from office, the Southern District of New York will land on him like a runaway planet.

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