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An Impeachment Role for the Supreme Court?

Discussion in 'Political Opinions & Beliefs' started by camp_steveo, Dec 20, 2019.

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  1. camp_steveo

    camp_steveo Well-Known Member

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    https://www.nationalreview.com/2019/12/an-impeachment-role-for-the-supreme-court/

    I think this is something the US Senate should seriously consider. None of these articles reach the Constitutional standard of high crimes, bribery, treason, or other misdemeanors. The SCOTUS should rule whether or not this is a lawful impeachment before the Senate votes on removal.
     
    camp_steveo, Dec 20, 2019
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  2. TOG 6

    TOG 6 Well-Known Member

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    SCotUS will decline, or rule that the House gets to decide of an action is impeachable.

    The Senate can vote to dismiss if it decides the charges do not meet that standard.
     
    TOG 6, Dec 20, 2019
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  3. camp_steveo

    camp_steveo Well-Known Member

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    Either that, or the Senate may not even be thinking along this route. Probably not, but I like the idea. I am not sure if it is a legal possibility, but I am sure that the articles of impeachment are not within the outlined reasons for impeachment in the Constitution.
     
    camp_steveo, Dec 20, 2019
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  4. DaveBN

    DaveBN Well-Known Member

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    Agreed. The SCOTUS has themselves stated they seek to be viewed as legitimate by the populace. Stepping in on political decisions this divisive would throw that goal right out the window.
    And considering the abundance of conservative judges, whose opinions are supposedly informed by the constitution, they would side with the constitutions framework for impeachment.
     
    Last edited: Dec 20, 2019
    DaveBN, Dec 20, 2019
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  5. jay runner

    jay runner Banned

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    Do you think Trump will be impeached?
     
    jay runner, Dec 20, 2019
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  6. TOG 6

    TOG 6 Well-Known Member

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    Consider, too that simply because the house declares an action, or series of actions, an abuse of power, it in no way means said actions, or series of actions meet the legal standard for an abuse of power.

    And so, while the house can impeach for abuse of power, the senate can look at it, decide there was no abuse of power, and dismiss.

    Personally, I have yet to see a valid definition of "abuse of power" which covers the actions specified in Article I.
     
    Last edited: Dec 20, 2019
    TOG 6, Dec 20, 2019
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  7. DaveBN

    DaveBN Well-Known Member

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    Do you think he hasn’t been?
     
    DaveBN, Dec 20, 2019
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  8. jay runner

    jay runner Banned

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    Not yet.
     
    jay runner, Dec 20, 2019
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  9. DaveBN

    DaveBN Well-Known Member

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    Because the articles have not yet been passed to the Senate? That’s silly. The Senate will see them shortly. Late January, early February at the latest.
    Trump has been impeached. For those who disagree, their argument will dry up in a matter of months.
     
    DaveBN, Dec 20, 2019
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  10. jay runner

    jay runner Banned

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    Let's hope so, that there will be an actual impeachment.
     
    jay runner, Dec 20, 2019
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  11. DaveBN

    DaveBN Well-Known Member

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    No hope about it. It’ll happen. Feel free to quote and throw in my face if I’m wrong.
     
    DaveBN, Dec 20, 2019
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  12. Bluesguy

    Bluesguy Well-Known Member Donor

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    It would be an interesting case to make. Of course the Senate could just vote to dismiss on it's face. OR make a motion to the Chief Justice to make a ruling from "the bench". But I imagine in both the ruling would be it is up to the Senate.
     
    Bluesguy, Dec 20, 2019
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  13. Bluesguy

    Bluesguy Well-Known Member Donor

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    That is what the Democrats constitutional expert is saying, that until it is transmitted to the Senate it is just a vote on impeachment.

    Noah Feldman

    "Both parts are necessary to make an impeachment under the Constitution: The House must actually send the articles and send managers to the Senate to prosecute the impeachment. And the Senate must actually hold a trial," he argues. "If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the president. IF THE ARTICLES ARE NOT TRANSMITTED, TRUMP COULD LEGITIMATELY SAY THAT HE WASN'T TRULY IMPEACHED AT ALL."

    https://www.bloomberg.com/opinion/a...-delay-could-be-serious-problem-for-democrats
     
    Bluesguy, Dec 20, 2019
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  14. TOG 6

    TOG 6 Well-Known Member

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    TOG 6, Dec 20, 2019
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  15. rahl

    rahl Banned

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    The house alone determines what is a high crime. The scotus has no jurisdiction regarding impeachment. The house holds the SOLE power to do so.
     
    rahl, Dec 20, 2019
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  16. rahl

    rahl Banned

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    The senate can certainly dismiss, but trump will remain impeached regardless. The only function the senate has in the process is whether or not the president is removed from office.
     
    rahl, Dec 20, 2019
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  17. rahl

    rahl Banned

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    Trump is already impeached. The only remaining question is will he be removed from office. The answer to that is most likely.......no.
     
    rahl, Dec 20, 2019
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  18. rahl

    rahl Banned

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    He was impeached 2 days ago. The senate has nothing to do with that. The senates only function is to remove him from office, or not.
     
    rahl, Dec 20, 2019
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  19. DaveBN

    DaveBN Well-Known Member

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    He’s welcome to that opinion. And in a couple short months, or less, the Senate will receive the articles of impeachment.
    Been a whole lot of excitement over nothing on this.
     
    DaveBN, Dec 20, 2019
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  20. Andrew Jackson

    Andrew Jackson Well-Known Member

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    Good point.
     
    Andrew Jackson, Dec 20, 2019
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  21. icehole3

    icehole3 Well-Known Member

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    There some Libs on twitter who thought he cleaned his office out and got the boot. They were saying their goodbyes yesterday.
     
    icehole3, Dec 20, 2019
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  22. Talon

    Talon Well-Known Member Past Donor

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    Until Blinky the Clown gets her cartoon ass off the pot Trump has not been impeached.

    I find this whole circus silly myself, but in legal terms process and language matter.

    The House voted to impeach (future tense). Trump isn't impeached (past tense) until the articles and message are delivered in the Senate.
     
    Talon, Dec 20, 2019
    #22
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  23. FreshAir

    FreshAir Well-Known Member Past Donor

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    the Senate knows they at least have to pretend they want the truth, the hard part for republicans will be explaining to people why they do not want to hear from the Trump witnesses
     
    Last edited: Dec 20, 2019
    FreshAir, Dec 20, 2019
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  24. FreshAir

    FreshAir Well-Known Member Past Donor

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    Trump has already been Impeached, he will not be removed by the Senate though, the people will have to do that in November 2020
     
    FreshAir, Dec 20, 2019
    #24
  25. rahl

    rahl Banned

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    there's some cons on this message board and other places who haven't read the constitution, and don't understand that trump will forever remained impeached. The only thing left to decide is if he will be removed from office or not. He almost certainly will not be removed.
     
    rahl, Dec 20, 2019
    #25
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