The Supreme Court could overrule an unconstitutional impeachment

Discussion in 'Congress' started by longknife, Jun 5, 2019.

  1. longknife
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    longknife Diamond Member

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    The president is not above the law, but neither is Congress, whose members take an oath to support, not subvert, the Constitution. And that Constitution does not authorize impeachment for anything short of high crimes and misdemeanors.

    Were Congress to try to impeach and remove a president without alleging and proving any such crime, and were the president to refuse to leave office on the ground that Congress had acted unconstitutionally, there would indeed be such a constitutional crisis. And Supreme Court precedent going back to Marbury v. Madison empowers the justices to resolve conflicts between the executive and legislative branches by applying the Constitution as the supreme law of the land.

    Anyone with an ounce of smarts knows the Dims in the House are so stricken with TDS that they cannot understand their role in our Republic. I dare any one of them to name a high crime of misdemeanor the president has committed.


    Just to remind them, here is a brief description:


    The charge of high crimes and misdemeanors covers allegations of misconduct by officials, such as perjury of oath, abuse of authority, bribery, intimidation, misuse of assets, failure to supervise, dereliction of duty, unbecoming conduct, refusal to obey a lawful order, chronic intoxication, and tax evasion. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for nonofficials, on the grounds that more is expected of officials by their oaths of office.

    From Wikipedia @ High crimes and misdemeanors - Wikipedia

    So, an impeachment resolution is voted upon and wins a majority of those present. The next step is to appoint those who will present the case to the Senate. The Chief Justice will preside and the entire Senate sits as the Jury – a 2/3 majority is needed for removal from office.


    The question is, could the Chief Justice throw out the charges because they don’t meet the standard of high crimes and misdemeanors?


    Probably and the House would then go nuts and try to impeach the Chief Justice.


    More of the original article @ Can the Supreme Court Review Impeachments?Michael Ramsey - The Originalism Blog

    Nancy Pelosi thinks Americans are too dumb to understand impeachment?

    The Speaker, according to two sources with knowledge of the meeting, expressed concerns that the public still doesn’t understand how the process of impeachment would play out. She noted that in her time over the recess in California well educated voters didn’t seem to understand that impeachment proceedings would not necessarily result in Trump’s immediate ouster from office.

    More @ Report: Nancy Pelosi thinks Americans don't understand how impeachment works
     
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  2. Old Man Grumbles
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    Old Man Grumbles VIP Member

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    Could the Democrats use Trump's taking appropriated funds from DOD to use on the wall as a misuse of assets?
     
  3. Billy_Kinetta
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    Billy_Kinetta Paladin of the Lost Hour Gold Supporting Member Supporting Member

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    No.
     
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  4. Rambunctious
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    Rambunctious Gold Member

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    The dems haven't mentioned any crime.....high or low....they just say he is harming our constitution but they don't say how....it would be funny if it were not so sad....pathetic...dems pathetic....
     
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  5. Montrovant
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    Montrovant Fuzzy bears!

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    The definition of high crimes and misdemeanors you provided includes unbecoming conduct. That is an extremely general term that could encompass just about anything.

    Even under other definitions, high crimes and misdemeanors is not limited to criminal actions. Impeachment is not a criminal proceeding. I find it highly unlikely that the USSC would overturn an impeachment as not falling under high crimes and misdemeanors.

    Some examples of definitions for the term high crimes and misdemeanors:
    High Crimes and Misdemeanors - Constitutional Rights Foundation
    What is HIGH CRIMES? definition of HIGH CRIMES (Black's Law Dictionary)
    http://www.constitution.org/cmt/high_crimes.htm
     
  6. bear513
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    bear513 Diamond Member

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    It is for national defense.

    .
     
  7. Old Man Grumbles
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    Old Man Grumbles VIP Member

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    That argument could be made. I wonder would the Court buy it?
     
  8. Camp
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    Camp Gold Member

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    Most serious "high crimes" Trump is facing is felony obstruction of justice and witness tampering. Add abuse of power, a subjective opinion for individual congressmen and women.
     
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  9. bodecea
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    bodecea Diamond Member

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    How could an Impeachment (in the Constitution) be unConstitutional?
     
  10. bear513
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    bear513 Diamond Member

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    What's there to buy?
     

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