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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

What does the US Constitution say about removing a president who is out of office?

And who presides over this farce? The Constitution says the Chief Justice will preside over a trial of the "president". BUT TRUMP is now a private citizen. Joe Biden is president.


TOPICS: Free Republic Policy/Q&A
KEYWORDS: constitution; impeachment
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To: pierrem15
It's illegal, but we know already that illegality is no impediment to the criminals in the Democratic Party.

Indeed, it's their way of life.

161 posted on 01/23/2021 5:45:34 AM PST by Sidebar Moderator
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To: Sidebar Moderator; Leaning Right
SCOTUS has been very deferential regarding parliamentary procedures, such as the filibuster or rules regarding how bills are brought to the floor.

This isn't the same: it's about whether the Senate can act in this case to exercise a power explicitly delegated to it by the Constitution.

162 posted on 01/23/2021 5:54:13 AM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: pepsionice
I'd agree with everything you said except:

McConnell will move to just an immediate vote.

McConnell is no longer in charge. Chuck U Schumer is. And he'll drag the life out of it for all its worth...

163 posted on 01/23/2021 6:08:43 AM PST by Alas Babylon! ("You, the American people, are my only special interest." --President Donald J. Trump)
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To: DoodleDawg

You’re saying that Trump, no longer president, is covered because his alleged offense occurred while he was president. Your reading is not untenable. Yet, the sentence is in the present tense.

In an impeachment of, say, a federal judge, the presiding officer is the President of the Senate (i.e., the Vice President). In practice, this doesn’t happen, and the President pro tempore presides. In the case of a sitting president, there would be a conflict of interest, hence, the Chief Justice. Madison’s notes on the Constitutional Convention are explicit on this substitution. Having said this, the notes aren’t binding. As an aside, it would be inappropriate for the Vice President to preside over his own impeachment, but the Constitution is silent on this.

The Chief Justice, joined if necessary by his colleagues, may have to decide the matter.


164 posted on 01/23/2021 6:11:29 AM PST by Redmen4ever
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To: Sidebar Moderator

If McConnell and the other idiots in the senate and Justice Roberts goes along with this farce, you can bet that the Media-Dem Party will start impeaching every past president they don’t like, Washington, Jefferson, all the other slaveholding presidents, Wilson, Theodore Roosevelt, McKinley etc. They’ll all be airbrushed out of our history, probably leaving only 0bama as our Founding Father.


165 posted on 01/23/2021 6:37:15 AM PST by euram
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To: euram

Yep, wouldn’t put it past them. With no constraints, either case history or otherwise, anything goes.


166 posted on 01/23/2021 6:39:20 AM PST by Sidebar Moderator
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To: pierrem15

Good point, it’s not apples and apples comparison. Definitely treading uncharted territory. We’ll see how this unfolds. Thanks for the feedback.


167 posted on 01/23/2021 6:42:59 AM PST by Sidebar Moderator
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To: Jim Noble

Yes I do. Nancy Pelosi and Chuck Schumer feel this is a win for them regardless of the outcome in the Senate.

They’re doing this to set Trump apart as the only twice impeached president. “Look,” they’ll say if he runs again, “He’s the only one so vile and corrupt that he got impeached twice! Only stubborn republicans on the wrong side of history saved his bacon! Vote all the GOP out!” And the media nod solemnly in agreement and decry the injustice of another Trump run for office, as if they dug up Benedict Arnold from the grave and put him on the ticket.

On the other hand I’m very worried that they WILL have the votes to convict. I put nothing past these lowlife politicians. My prediction however is that he will be acquitted by approximately 8 to 10 votes. A narrow enough margin that the Democrats can point to it to show that it was just a few old white men who couldn’t bring themselves to do the right thing.


168 posted on 01/23/2021 6:59:10 AM PST by SoCal Pubbie
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To: Sidebar Moderator

I don’t think they’ll get the 67 votes, so its all theater.


169 posted on 01/23/2021 7:01:04 AM PST by Fido969 (,i.)
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To: Fido969

At most, 6 or 7, but that’s it. Maybe not even that, as the show trial is still a ways away.


170 posted on 01/23/2021 7:23:07 AM PST by Sidebar Moderator
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To: Starstruck

“let me see the 17 republicans with the gonads to say 74000000 voters were wrong.“

I’m pretty convinced that they already did that when they allowed this utterly corrupted election decision go basically un-opposed.
They told 74 million of us that WE don’t matter; they THEY call all the shots and what are we gonna do about it, huh?....

And they got away with it. Now they feel invisible.


171 posted on 01/23/2021 7:33:39 AM PST by joethedrummer
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To: joethedrummer

What does the US Constitution say about removing a president who is out of office?

Who the hell reads or adheres to the Constitution in that cesspool of corruption. It’s every turd for him or her self.


172 posted on 01/23/2021 7:37:01 AM PST by JayAr36 (My disgust with government is complete.)
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To: JayAr36

Yes indeed.

They don’t need no stinkin’ constitution!

They have been increasingly going around it for years. Now they have NO shame in blatantly ignoring the Constitution.

THEY rule over us... THEY do as THEY please.. what are the peasants gonna do about it... - this is their attitude in DC.

We are living in Hunger Games society - minus the games part.


173 posted on 01/23/2021 7:41:41 AM PST by joethedrummer
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To: Starstruck
Sorry about that. Murkowski and Collins are women so them having gonads would be inappropriate.

Women have gonads.

We do not have balls (or testicles) but we have ovaries which are gonads.

174 posted on 01/23/2021 7:42:38 AM PST by Harmless Teddy Bear (Dear Clare, The awkward time is almost over. Love, Normal Americans)
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To: joethedrummer

Yep!


175 posted on 01/23/2021 7:43:02 AM PST by JayAr36 (My disgust with government is complete.)
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To: Leaning Right
It says “President”. Not “someone who is or was President”.

Actually it states the name of the particular office of the President of the United States, a formal noun and name of a particular office in the US government.

And there is only 1 President of the United States (or none) at any given time.

176 posted on 01/23/2021 7:48:07 AM PST by RideForever (We are born to be tested ...)
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To: Redmen4ever
You’re saying that Trump, no longer president, is covered because his alleged offense occurred while he was president. Your reading is not untenable. Yet, the sentence is in the present tense.

I would imagine it's because the Founding Fathers never thought that we would ever try a former president for impeachment. Never imagined someone like Pelosi and Schumer obviously. Trump was president when he was impeached so the dignity of his former office would make it a job for the Chief Justice to preside. But I expect his lawyers will challenge the whole idea of a trial now that he's out of office so the whole question may be moot. We'll see.

177 posted on 01/23/2021 8:22:16 AM PST by DoodleDawg
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To: Starstruck

Removal from office is 2/3. Once that is successful, they may vote on a majority basis for banning from future office.

If they are not removing him from office, can they vote on banning from future office?

Dershowitz says no


178 posted on 01/23/2021 8:54:16 AM PST by joshua c (Jan 20th is Dump Day. Dump them all. Twitter, Facebook, Google, Amazon, cable tv etc)
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To: Sidebar Moderator

we can argue constitutional law but the real question is will the Republicans commit political suicide?

Whether Trump is eligible for future office is irrelevant. His MAGA supporters are not going away. Banning Trump would only strengthen their resolve. Trump will always be a kingmaker.

The Republican party is nothing without MAGA supporters.


179 posted on 01/23/2021 9:03:19 AM PST by joshua c (Jan 20th is Dump Day. Dump them all. Twitter, Facebook, Google, Amazon, cable tv etc)
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To: familyop

But President Trump did not resign.


That may explain the pressure from the LEFT to get him to resign in his final days in office. It may have strengthened their case.


180 posted on 01/23/2021 9:13:37 AM PST by joshua c (Jan 20th is Dump Day. Dump them all. Twitter, Facebook, Google, Amazon, cable tv etc)
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