CDZ The Constitutional Basis for Impeachment

Discussion in 'Clean Debate Zone' started by jwoodie, Oct 1, 2019.

  1. sartre play
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    sartre play Gold Member

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    Would not have impeached Nixon or Clinton, that said, an inquiry into bad governance where the facts & truth are allowed to come out is a good thing, with honesty & facts the people can then decide to fire or retain. Honesty has gone the way of the shoe button.
     
  2. jwoodie
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    jwoodie Gold Member Supporting Member

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    LOL, You brought up the analogy of a grand jury indictment, then retreat to your slogan when you have your hat handed to you. Do you actually believe that an impeachment based solely on "I hate Trump" would pass constitutional muster? Do you think SCOTUS would uphold that charge as grounds for impeachment? Or how about "Trump ate a hamburger?" Is that a high crime or misdemeanor?
     
  3. diver52
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    diver52 Member

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    Yes, I brought up the analogy and it stands. An impeachment is much like an indictment. As to SCOTUS, it is only involved to the extent the CJ presides over the trial in the Senate. Now, what part of "sole power" are you just not getting?
     
  4. Pellinore
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    Pellinore VIP Member

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    Diver52 is correct. "High crimes and misdemeanors" are essentially whatever the House deems are serious enough for impeachment. If they thought eating a hamburger was serious enough, yes, they could theoretically impeach the President for eating a hamburger.

    Impeachment fills the role for the President (or other high-ranking federal officer) that a Grand Jury indictment fills for you and me. However, it isn't indictment, so the President does not enjoy all of those Constitutional protections that we do if we get arrested, such as being read our rights, being able to face our accusers, and so on. On the other hand, he can't be imprisoned due to an impeachment; the worst he can suffer is to lose his job, and be barred from running for further office.
     
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  5. jwoodie
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    jwoodie Gold Member Supporting Member

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    Thank you for being willing to answer that question. Now, if you were a Senator and Trump did eat a hamburger, how would you vote on that charge? Remember, the House has the "sole power" to define a high crime or misdemeanor.
     
  6. Pellinore
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    Pellinore VIP Member

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    If the House thought it was that big a deal, I would hear the argument, but Senator Pellinore would need to hear some *outstanding* justification for why a hamburger would justify impeachment, much less removal. For example, saying "By eating this Ceremonial Whopper, I promise to send Foreign President Soandso a fleet of bombers in exchange for taking my political rival out behind the woodshed" and then taking a chomp would go a long way toward securing my vote.
     
  7. M14 Shooter
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    M14 Shooter The Light of Truth

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    These are crimes akin to treason and bribery, yes?
    Has anyone been impeached for something other than a crime akin to treason and bribery?
     
  8. sartre play
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    sartre play Gold Member

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    Matters not what the white house wants, as the Constitution states "the house shall have the sole power to impeach," feel free to let your house member know how you feel.
     
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  9. jwoodie
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    jwoodie Gold Member Supporting Member

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    But that is the SOLE POWER of the House. Once it has decided on what constitutes an impeachable offense, the Senate has to accept that and vote on whether the offense was committed.

    Or are you now backtracking?
     
  10. jwoodie
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    jwoodie Gold Member Supporting Member

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    Tell that to Senator Pellinore. And while you're at it, why don't you answer the question I posed?

     

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