The Supreme Court could overrule an unconstitutional impeachment

longknife

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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
 
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....
 
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
 
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.
 
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
How could an Impeachment (in the Constitution) be unConstitutional?
 
I hope he turns the tables and has the DOJ audit everyone in congress to find corruption through bribes or illegal donations.

If you believe that people with $175K annual salaries are leaving congress in 6 years as multi-millionaires legitimately, you're a complete imbecile.

.
 
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....
Thus the House's need to hold investigations and hearings. Good.
Fishing for a crime????...that is not right....
I see...you'd rather NO investigations before impeaching.....very telling that.
 
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....
Thus the House's need to hold investigations and hearings. Good.
Fishing for a crime????...that is not right....
I see...you'd rather NO investigations before impeaching.....very telling that.
We just went through 21/2 years and 40 million dollars worth of investigation...how much more do you want?...when will it become a fishing expedition in your mind?...how many more years and how many more tax dollars?....you libs are so see through...
 
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

I don't think SCOTUS would overrule an impeachment, since it is a political, rather than legal, process. However, the presiding Chief Justice might rule on evidentiary motions during the trial in the Senate.

Personally, I would like to see the Demwits impeach Trump and then the Senate give them two minutes to present their case before voting not guilty on all charges.
 
If the Dems hold an impeachment vote in the House and it passes, I would say it is very likely they would lose the House and possibly more seats in the Senate next year, depending on how the trial goes in the Senate. Sure, the Dems in the deep blue states don't have to worry much, but those in red or purple districts/states are very likely to lose their seats in Congress, if they vote for impeachment. Most Americans do not want this nonsense to continue, they want action done on the pressing issues facing the country today. There is no way on God's green earth the Senate will vote for Trump's removal from office, so this is all political theater that in the end won't get rid of Trump.

Now, would the impeachment vote help or hurt Trump in the presidential election? Absent another recession or depression in 2020, and considering the current batch of Dem candidates, I'm not seeing it as hurting him. A lot of independents are going to be pissed at the Dems just like they were in 2010, and we'll get 4 more years of Trump.
 

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