- Sep 19, 2020
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I fully understand that argument. If it were true, then this trial, which costs tens of millions of dollars in taxpayer money, should not be taking place. I will expand on why it makes sense below, and why the Constitutionality of impeachment of a former president has not been strongly challenged by Team Trump.The Constitution doesn't allow for a private citizen to be impeached.
For the record, I am completely against impeachment & a strong Trump supporter.
Article I, Section 3, Clauses 6 & 7 state:
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
It is quite interesting.
Since Trump is not president, Chief Justice Roberts would not have to preside.
The word "and" in Clause 7 is rather interesting, but I suppose only doing disqualification of future offices does not "extend further" than doing both. I would bet that despite there being three or more Constitutional orignalists on the SCOTUS, they would prefer not to get involved in the legislature, just like they did for the election lawsuits, even though it would seem completely appropriate.
Clearly, the last sentence about a legal trial could extend until the statute of limitations ran out. So if you can conduct a legal trial after the fact (they always are), then I suppose you can conduct an impeachment trial of someone who you think is unfit to hold future office, after they leave office, just because it makes sense.
Let's say a president does something actually treasonous like taking bribes from China or some covert deal with another nation that results in US troops getting killed. I would be all for impeachment after leaving office.
Interesting point: In order to bar the offender from holding future office, only a majority vote is required, but to proceed to that step, the Senate first has to impeach with a 67 majority.
Regards,
Jim