Posted on 01/11/2013 5:52:33 PM PST by Windflier
“So that’s it? Obama skates again?”
Yes and no. Like I said, the house could impeach him on your grounds. They won’t, and even if they did, the Dem senate won’t convict. But we’re not any worse off, because your way we wouldn’t get any authority to press the issue, anyway. I don’t know what if anything a bunch of governors could accomplish. There really isn’t any precident for that.
They’d have to get federal judges to play along, and though that’s a little more likely than impeachment, it’d end up at the dead end of SCOTUS eventually.
The “fiscal cliff” bill started in the senate, too, didn’t it? Sad truth is that it doesn’t really matter. No one is going to redress it. No one important cares.
What’s the relevant part of the Constitution that backs up your assertion in this matter?
Article I, section III; Article II, section IV.
It takes a bit of figuring, though. And, like everything else, there’s the long history of how it’s been construed along with what it says.
I came across this a few days ago.......
http://www.usconstitution.net/constfaq_q115.html
Q115. “What is the impeachment process?”
A. The Constitution details impeachment in Article 1, Section 2, Article 1, Section 3, Article 2, Section 3, and Article 3, Section 2. The word “details,” however, is a bit strong for what the Constitution provides. As with many things, the Constitution primarily gives us a skeleton of a process. The House brings charges for impeachment. The Senate holds a trial and votes to convict or acquit. THE ONLY WAY TO REMOVE A PRESIDENT, VICE PRESIDENT, OR ARTICLE 3 JUDGE IS THROUGH IMPEACHMENT. Impeachments are not tried by a jury. The rest of the process is left to the rules of Congress.
The process begins with the House. It votes on passing articles of impeachment against a member of the Executive or Judicial branches. If the articles pass, then it is said that the person has been impeached. The vote is a straight up-or-down, majority vote.
After the House votes, the impeachment goes to the Senate. There, members of the House who were advocates for impeachment become the prosecutors in the Senate trial (they are called the House Managers). The accused secures his own counsel. The judge is the Senate itself, though the presiding officer acts as the head judge. In the case of a presidential impeachment, the Chief Justice of the Supreme Court presides; in other cases, the Vice President or President Pro Tem presides.
After all testimony has been heard, the Senate votes. If the Senate votes to convict by more than a two-thirds majority, the person is impeached. The person convicted is removed from office. The Senate may also prevent that person from ever holding another elective office. The Senate may set its own rules for impeachments, and the rules are not subject to judicial review. The Senate has streamlined rules for trial of impeachment for persons holding lower offices. There is no appeal in the case of conviction of impeachment.
# # # # #
The House could impeach Obama for some of the crimes he has committed but the Senate will never convict him with a 2/3 majority. Unless he does something so awful that even they turn from him.
That becomes a lot easier to do if a court has found him guilty of a crime and the appellate process has upheld the convictions. It would take a while, but I'd not be surprised if it changed his behavior.
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