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What does the US Constitution say about removing a president who is out of office?
FR ^ | 1/23/21 | Sidebar Monitor

Posted on 01/23/2021 12:38:04 AM PST by Sidebar Moderator

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To: Sidebar Moderator

> The Constitution says the Chief Justice will preside over a trial of the “president” <

I’ve read good arguments both ways. But this is the first time I’ve seen that particular argument. You might be on to something here!

Article I, Section 3, Clauses 6 and 7:

“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...”

It says “President”. Not “someone who is or was President”.

The problem is that the courts have traditionally given the Senate wide leeway on how it runs things. So we’re not out of the woods yet.


41 posted on 01/23/2021 1:42:35 AM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: Sidebar Moderator

What? Who?

https://m.youtube.com/watch?v=sShMA85pv8M


42 posted on 01/23/2021 1:46:40 AM PST by PGalt
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To: Sidebar Moderator

As a review, no. But Trump would simply challenge it through the federal court system, and the Supreme Court would have to go and study the whole intent, and the lack of any real law supporting it. This is why I think that Roberts will suggest he can’t be a part to this particular impeachment.


43 posted on 01/23/2021 1:47:58 AM PST by pepsionice
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To: SoCal Pubbie

he was not a elected president and federal official .
meaningless comparison .


44 posted on 01/23/2021 1:48:15 AM PST by ncalburt (Gop DC Globalist )
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To: pepsionice

I read the same thing about Roberts.


45 posted on 01/23/2021 1:49:06 AM PST by ncalburt (Gop DC Globalist )
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To: BiglyCommentary

Excellent idea. Fire with fire. Very Trumpian too.


46 posted on 01/23/2021 1:50:12 AM PST by Sidebar Moderator
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To: Political Junkie Too

Trump was President when he was impeached. We are in uncharted territory because there is no precident for someone impeached while in office and then the trial was held while they were out of office.

It will be really hard for them to split the baby, claiming “in office” rules apply, and then also claiming “out of office” rules apply. Which is it?


47 posted on 01/23/2021 1:50:50 AM PST by BiglyCommentary
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To: pepsionice
I think the Constitution says that the presiding official should be the Chief Justice. It doesn’t really say what happens if he counters them to say ‘no, I won’t do the job’.

That would be a Constitutional check and balance between co-equal branches of government.

If Roberts won't preside over an impeachment trial of a former President, that means a co-equal branch had decided that the Legislative branch is exceeded its authority versus the Executive branch, and the impeachment should be ruled as unconstitutional.

They (the Democrats) might make up a rule out of thin air....bringing in some retired Senator or former federal judge to act in this capacity...but all it’d do is provide more problems in dumping the conviction if it went to the Supreme Court for review.

I think the purpose of having the Chief Justice preside over the trial of a President is that that IS the Supreme Court review. If Roberts refuses to participate, it's over. Refusal of the Chief Justice to participate means the Supreme Court deemed the impeachment to be an unconstitutional overreach of the Legislative branch against the Executive branch.

-PJ

48 posted on 01/23/2021 1:51:26 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: Leaning Right
The problem is that the courts have traditionally given the Senate wide leeway on how it runs things. So we’re not out of the woods yet.

Bingo. Very uncharted territory.

49 posted on 01/23/2021 1:53:40 AM PST by Sidebar Moderator
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To: PGalt

😂😂😂


50 posted on 01/23/2021 1:55:23 AM PST by Sidebar Moderator
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To: pepsionice

Good point. Thanks.


51 posted on 01/23/2021 1:56:10 AM PST by Sidebar Moderator
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To: Political Junkie Too

Isn’t there a current Democrat Representative from Florida that was impeached as a Federal Judge, removed from office, so he ran and won a seat in congress?


52 posted on 01/23/2021 1:57:00 AM PST by tired&retired (Blessings )
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To: BiglyCommentary
I would treat it like a bill that was passed in one Congress that expires at the end of that Congress.

If the President's term is expired, then the impeachment becomes moot and the proceedings should be terminated.

I would consider it to be like a pocket veto when the Congress has adjourned sine die (at the end of its term). In this case, it's the end of the President's term that vetoes the impeachment.

-PJ

53 posted on 01/23/2021 1:58:02 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: Sidebar Moderator

Also subpoena as witnesses all the RAT politicians who allowed protestors to enter the Capitol Building during the Kavanaugh hearings, for the purpose of intimidating GOP Senators.


54 posted on 01/23/2021 1:58:23 AM PST by BiglyCommentary
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To: Political Junkie Too

Your argument makes perfect sense.


55 posted on 01/23/2021 2:00:22 AM PST by Sidebar Moderator
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To: tired&retired

Hastings.


56 posted on 01/23/2021 2:01:10 AM PST by Sidebar Moderator
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To: tired&retired

But they didn’t also vote to forbid them from ever holding office.


57 posted on 01/23/2021 2:02:52 AM PST by BiglyCommentary
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To: BiglyCommentary

Love it. Yes. They want a show trial - let’s give ‘em one.


58 posted on 01/23/2021 2:03:03 AM PST by Sidebar Moderator
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To: tired&retired
Yes, Alcee Hastings.

He was convicted and removed from office, but a 55D-45R Senate declined to vote on barring future office.

It was Democrats protecting their own. They couldn't do anything about the bribery charges, but they could control the additional penalty, and they did.

-PJ

59 posted on 01/23/2021 2:03:22 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: BiglyCommentary

True.


60 posted on 01/23/2021 2:03:56 AM PST by Sidebar Moderator
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