Well--------------- the kangaroo court is on.

True but in the end it is their choice and that of the American people.

 

The American people have to go through Congress or the lower courts first.

 

It doesn't matter about the Senate vote. It's still tacitly illegal and scotus will tell them so. They in essence voted to strip scotus of one of its constitutional prerogatives and they will lose that battle.

 

SCOTUS won't intervene. There is no appeal from Congressional impeachment to SCOTUS.

 

Impeachment is a constitutional provision, not a law. No comparison between the two

 

In this case there is congress created it the minute they decided to do an impeachment without the cj. It becomes an a priori exception. One occurring before the impeachment itself.

 

The Chief Justice did the correct thing. The Constitution says he presides only in impeachments of a sitting President. I believe the Senate left it up to him whether or not he would preside. He chose not to. Probably a wise decision, since the SCOTUS may end up ruling on an appeal of a criminal prosecution.

 

It would be to the founding of the impeachment not the impeachment itself, hence a priori.

 

For you maybe but the issue has already been settled by the Senate vote. It now serves as precedent just like the precedents that led to the Senate vote. So reality is that it matters substantially.

SCOTUS has no constitutional authority to review an impeachment or an impeachment trial. Both are powers authorized by the Constitution solely to the House and the Senate respectively. There's nothing illegal about it.

They did no such thing, see above. Read Article I for your education, you have no clue what you're talking about.

 

What we will wind up getting out of this is a definitive ruling on whether congress can try a private citizen. I believe the answer should and will be no.

 

Man you are really way off. Congress does not have any authority to hold judicial trials of anyone. They have sole authority of impeachment and to hold impeachment trials, both political actions.

 

Outside of the Constitution, the Senate makes its own rules and there is no appeal to SCOTUS. The votes on procedure are settled by a simple majority. There have already been two such votes, on jurisdiction, which the Trump-Republicans have lost (one by 55-45 and the other by 56-44). Future impeachments and impeachment trials will consider the precedences and make their own rules. Precedence carries great weight, particularly within the Judicial branch, but it has been ignored by both on occasion. And, the actions of one Congress do not bind another Congress.

 

Yet an impeachment trial must have cj presiding. The minute you take cj out of the picture you no longer have an impeachment. You have a show trial.

 

You're simply wrong. The Senate impeaches other officials w/o the Chief Justice presiding. The only time he is constitutionally required to preside over an impeachment trial in which the defendant is a sitting President. If Trump were still President, he would be presiding. In this case, he may well preside over a SCOTUS review of an appeal regarding a lower court decision regarding a criminal prosecution involving the former President. To avoid the potential conflict and obeying the letter of the Constitution, he declined to serve as the presiding officer of the current Senate trial and I don't believe he offered no explanation at all (nor was he required to).

 

That's yet another fallacy that has already been settled.

It's an impeachment trial. Impeachment does not require any justice. An impeachment trial also does not require a CJ unless it is for a sitting President. It may or may not be a "show trial", that depends on many things but not on who presides or doesn't.

 

Bidens DOJ will use all this evidence in their proceedings against Trumps sedition

along with Georgia looking into Trumps Election Fraud

Justice will be served even if Republicans don't have the backbone or able to uphold their constitutional oath for it

 

It's not a law. It's a provision. It's not reviewable by SCOTUS. "Sole power" has meaning. It's not hard to understand. Simple, really.

 

lol...thread fail. The Senate voted that the trial is indeed constitutional.
McConnell said that all senators should vote their conscience.
You may be surprised at the outcome as more and more people realize the error of supporting trump and bending over for his cult.

 

Lol...I see that a lot of the trump supporters are no longer willing to stick their heads above the parapet and many are leaving the repub party in shame.
Things are looking up.

 

Why do you think the founders were American?? When they were all British with one exception. In the seventeen hundreds it was a British Colony on the eastern seaboard and the word America just meant New Land. There were no ancestors of today's Americans in America that never happened until seventy years later and quite a few of the founding fathers were slave owners, Washington got himself 300 slaves on marriage to his wife when all of her possessions became his.Why does it take an Englishman to inform Americans of their own history.

 

Huh? Please quote me saying the founders were native Americans.

 

It is law, the Supreme Law of the Land by its own mandate.

 

Wishful thinking is the dnc bread and butter

 

there are 2 reasons for this impeachment trial

1.
this trial is to confirm the actions of trump and get his accomplices on record

the dems know the GOP wont convict but they want those defending trump on record for all of time

every word from both sides will be recorded ,

every video, every phone call, every text and every tweet by trump will be recorded and kept forever

both sides of testimony will be recorded verbatim ..and kept forever

this trial will be studied and debated for years to come in this country at every law school in the USA

debate teams will use this trial as a topic and be graded on the results of their arguments

20 years from now, this time in history will be studied without emotion..

it wont be pretty for either side

the trumpers will be confirmed lunatics and insurrectionists

and the democrats will be confirmed self righteous drama queens

reason #2..

the democrats do not want to have to deal with a person that has so much influence

and they DO not want to ever see trump hold office again..

they are afraid of trump..and not just the democrats

 

Yes, but not legislation, the constitutionality of which is empowered to the Supreme Court. I don't know whether the constitutionality of the Constitution has ever been reviewed by the Court, but the phrase "sole power" is concise. Perhaps a case can be made for voting on disqualification after an acquittal, but all impeachments are constitutional. Arguing against the constitutionality of impeachment is ridiculous.