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2021-01-13 at 7:58 PM UTC in THE MAGA PARTY!,,, the GOP is dead, republicans are going down with the dems,, get ready for THE MAGA PARTY lefty's
Originally posted by stl1 PostEverything
Congress can impeach Trump now and convict him when he’s gone
The Senate has conducted past trials after officials have resigned or left office
Brian C. Kalt and Frank Bowman
Jan. 11, 2021
It now seems likely that the House of Representatives will impeach President Trump this week but that there will be no Senate trial until after the Jan. 20 inauguration of President-elect Joe Biden. Trump’s defenders will surely contend that a president cannot be tried by the Senate after he has left office.
They are wrong.
Both of us have studied and written about impeachment for many years. We each concluded long ago that the history, structure, rationale and application of the Constitution’s impeachment clauses provide powerful evidence for “late impeachability.” This evidence includes precedents: cases in which the House has impeached and the Senate has tried people who had already left office.
We also believe that, while impeaching someone who has left office is usually pointless, in some cases — perhaps including Trump’s — it may serve important national interests.
The text of the Constitution’s pardon clauses does not directly address late impeachability. Article II, Section 4 states: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” On its face, this says only that officeholders are removed if in office when convicted; it does not say that an official must still be in office at the time of his or her impeachment and conviction. Congress has used this clause to limit impeachment to people who were officers at the time they committed their offenses, not to people who were officers at the time of their trial.
Article I, Section 3, provides another consequence besides removal: “disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.” The Framers were concerned not just with the risks of leaving a bad official in place, but also with the danger to constitutional order such a person might pose if readmitted to the government in the future. That fear is just as applicable to those who have just left office as to those still in it.
There is strong historical evidence for late impeachability. The Constitution’s Framers were conscious of late impeachment. In drafting the impeachment provisions of the federal constitution, the Framers were heavily influenced by the experience of the states they represented. Between 1776 and 1787, 10 of the newly independent states adopted constitutions that included impeachment provisions. Five specifically permitted late impeachment; no state explicitly forbade it.
English impeachment also had an influence, and during the constitutional convention, Parliament was in the process of impeaching Warren Hastings, who had already retired from the office of governor general of Bengal when Parliament impeached him. The Framers were acutely aware of the Hastings proceeding, with George Mason raising it as an example during debate on the impeachment clauses.
The first impeachment trial under the new Constitution, in 1798, was of an ex-official: Sen. William Blount had conspired to give the British control over then-Spanish Florida and parts of French Louisiana. As soon as the plot was exposed, the House impeached him. The Senate expelled him soon after. At his impeachment trial, Blount’s lawyers argued Blount could not be tried because he was no longer a senator. That argument failed. Blount was ultimately acquitted by a vote of 14-11, but on the basis that senators are not “officers” subject to impeachment in the first place.
An even stronger precedent is the 1876 case of ex-secretary of war William Belknap. After his corrupt scheme to sell a post as Indian agent was revealed to the House, Belknap quickly resigned before he could be impeached. But the House impeached the “late Secretary of War” anyway. The Senate debated late impeachability for over a month before voting 37-29 that it had the power to try an ex-officer. Belknap was nonetheless narrowly acquitted. Based on senators’ statements, there probably would have been enough votes to convict Belknap if he had not already left office. But the Senate did decide it had jurisdiction — in the end, it determined only that Belknap shouldn’t be convicted, not that he couldn’t be.
Subsequent precedents reinforced late impeachability. In 1926, federal judge George English resigned a few days after being impeached. The Senate dismissed the case after the House argued there was little point in proceeding — but the House managers also took pains to note that English’s resignation “in no way affect[ed] the right of the Senate, sitting as a court of impeachment, to hear and determine” the case. Other cases involving resignations ended with similar language (choosing not to proceed with the trial, despite having the power to do so) including most recently the case of Judge Samuel Kent in 2009.
In sum, Congress has repeatedly asserted its late-impeachment powers, but has rarely found late impeachment worth pursuing.
We'll just go ahead and take Brain and Frank's word for it. Good as gold, that word. -
2021-01-13 at 7:56 PM UTC in THE MAGA PARTY!,,, the GOP is dead, republicans are going down with the dems,, get ready for THE MAGA PARTY lefty'sThe best President in US history gets labelled by the dummies as the worst President in US history. Makes sense, in a banana republic.
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2021-01-13 at 3:44 PM UTC in Infinityshock Is the Most Hilarious, Original, and Inventive Poster on NIS"We explore... and you call us criminals. We seek after knowledge... and you call us criminals. We exist without skin color, without nationality, without religious bias, without clothes... and you call us criminals. You build atomic bombs, you wage wars, you murder, cheat, and lie to us and try to make us believe it's for our own good, yet we're the criminals."
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2021-01-13 at 3:41 PM UTC in Trump getting dumped big time
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2021-01-13 at 3:37 PM UTC in Infinityshock Is the Most Hilarious, Original, and Inventive Poster on NISMOLOCH
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2021-01-13 at 4:43 AM UTC in Trump getting dumped big timeApparently, the new fad of the radical left is to shit their pants and walk around with it.
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2021-01-13 at 4:41 AM UTC in Where the nutmeg at?They call it Mellow Yellow.
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2021-01-13 at 1:26 AM UTC in Where the nutmeg at?Take 1,000 ants, dry them out, grind them all down into a powder, sprinkle in tobacco, enjoy the full flavor.
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2021-01-13 at 1:24 AM UTC in Well Jung's "gimmick" is just being a gay retarded unlikeable loser with no redeeming qualitiesI'm sure if we all arrived in hell they'd run.
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2021-01-13 at 1:23 AM UTC in Lanny Should Delete Left, Reich, and Center and Ban Political Discussion
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2021-01-13 at 1:08 AM UTC in Lanny Should Delete Left, Reich, and Center and Ban Political DiscussionAll opposing opinions MUST be exterminated.
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2021-01-13 at 1:06 AM UTC in Where the nutmeg at?
Originally posted by Jeff I've known some friends who tripped real hard off smoked peels. Sometimes we dont need actual drugs to get high. Just the belief we will.
Shulgin talks about his experience with placebo in the book Pihkal, and Samuel L Jackson in the movie formula 51.
The poor man's marihuana. -
2021-01-13 at 12:40 AM UTC in imagine if your phone became a brickNot just anyone can draw a good rat man.
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2021-01-12 at 11:24 PM UTC in THE MAGA PARTY!,,, the GOP is dead, republicans are going down with the dems,, get ready for THE MAGA PARTY lefty's
Originally posted by larrylegend8383 Y'all went all in with sailboats and watched a king high straight hit on the river. The chips are collected, counted and cashed in.
Y'all have spent the last 2+ months crying and complaining to the floormen, and 1 week from now the pit boss is throwing your sorry asses out on the curb.
Please stop counting your chickens before they're hatched. -
2021-01-12 at 11:21 PM UTC in What are the chances of Biden starting a major war immediately after taking office?Obama and Hillary and McCain were directly funding, training, supplying and supporting al Qaeda.
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2021-01-12 at 11:20 PM UTC in The thing that totally sucks about this site is that you cannot upload pics...
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2021-01-12 at 11:17 PM UTC in Trump getting dumped big time
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2021-01-12 at 11:13 PM UTC in THE MAGA PARTY!,,, the GOP is dead, republicans are going down with the dems,, get ready for THE MAGA PARTY lefty's
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2021-01-12 at 9:14 PM UTC in Trump getting dumped big timeThe Banana Republics of America. Has a certain ring to it.
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2021-01-12 at 9:12 PM UTC in The thing that totally sucks about this site is that you cannot upload pics...Technically, you can upload a pic to the server directly, through your avatar.
