“if “the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. ””
I guess he could do that but I doubt the SC would take up the case. If they do impeach Trump there is nothing Trump can do to stop it or overturn it.
Two former, well-respected justices of the Supreme Court first suggested that the judiciary may indeed have a role in reining in Congress were it to exceed its constitutional authority. Justice Byron White, a John F. Kennedy appointee, put it this way: “Finally, as applied to the special case of the President, the majority argument merely points out that, were the Senate to convict the President without any kind of trial, a Constitutional crisis might well result. It hardly follows that the Court ought to refrain from upholding the Constitution in all impeachment cases. Nor does it follow that, in cases of presidential impeachment, the Justices ought to abandon their constitutional responsibility because the Senate has precipitated a crisis.”Justice David Souter, a George H. W. Bush appointee, echoed his predecessor: “If the Senate were to act in a manner seriously threatening the integrity of its results … judicial interference might well be appropriate.”
It is not too much of a stretch from the kind of constitutional crises imagined by these learned justices to a crisis caused by a Congress that impeached a president without evidence of “high crimes and misdemeanors.” 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.
“If they do impeach Trump there is nothing Trump can do to stop it or overturn it.”
Of course Trump can do something. Since we’re playing “what if this or that happens,” Trump can declare the house in insurrection and send in the Army Airborne to arrest them for sedition.
Did you read the article?
> I guess he could do that but I doubt the SC would take up the case. If they do impeach Trump there is nothing Trump can do to stop it or overturn it. <
I agree with you. Impeachment is essentially a political process. No one gets fined or put in prison. And the Founders gave that impeachment power solely to Congress. Any Supreme Court interference would be a gross violation of the separation of powers.
By the way, the Founders saw a “high crime” as being misbehavior by a high public official. Benjamin Franklin once remarked that being obnoxious could be considered to be a “high crime.”
The Scotus has no choice. The constitution says the chief justice is in charge. He presides.
President Trump could and should appeal any unfounded impeachment to the Supreme Court as a SEPARATION OF POWERS issue.....the authority of the Executive Branch is not inferior to the Legislative......
SIMPLE