Posted on 01/23/2021 9:39:44 PM PST by conservative98
Why doesn’t the full Supreme Court decide if post facto impeachment is Constitutional?
True. But since the house passed it. He’s impeached. This is just the trial.
Somewhat doubt this
Article I, Section 3 clearly states:
“When the President of the United States is tried, the Chief Justice shall preside”
So when Biden is on trial he will be there, otherwise not.
True. But since the house passed it. He’s impeached. This is just the trial.
Shall, means no other person is legally allowed to.
However, in this moment in time, the Republicans couldn’t
muster an objection if a sex organ was on the line.
Mitch is so lost in space.
Mark Levin said on his show yesterday that if he recuses then Kamala Harris could preside over the case.
+++++
That sounds logical but looks like a disaster for any Trump plan to introduce evidence of fraud. The Presiding Officer, potentially Harris, would have the power to disallow any evidence she wants. And the only way to overrule her decision would be by a vote of the Senate. And so the Judge would, in this crazy case, be the tiebreaker and the Dems would prevail.
This is nuts. But the Constitution and the rules of the Senate DO NOT require Justice Roberts to preside over a Senate trial of a citizen.. I assume he could if he wanted to but he would be on solid ground if he refuses.
But in either case I have serious doubts that the evidence that needs to be presented will be found admissible. I think a Senate, with the Dems in control, can reject anything it want to.
These days it seems like the constitution don’t matter. It is a “living document” and all.
Biden isn’t the one being tried.
thats absurd...
Roberts has already done his job, Trump is gone. Now the uniparty is just trying to spike the football.
Roberts will do as his is told.
[[If he comes he legitimizes an unConstitutional action.]]
He’s already legitimized an fake impeachment once before- and he’s also legitimized a stolen election by refusing to hear evidence in said stolen election
I would go with the stolen election point.
This was a massive failure on the court’s part, and two
justices were livid about the decision. They were proven
right.
As for the impeachment, it seemed ridiculous to me. I
don’t even remember the flimsy excuse for violations
now.
My other big problem with Roberts was his vapor logic
about the tax to okay Obamacare.
I think that one took the Lefty by surprise as much as
it did us.
Scholars all over the US were shaking their head in shame when they read robert’s reasons for allowing obamacare- I read several lawyer’s blog posts, and they were not all conservatives ones either- and they were complaining that his ruling was ridiculous and nonsensical
Roberts was a colossal mistake- he certainly fooled a lot of people-
[[don’t even remember the flimsy excuse for violations
now.]]
This latest one? I think they are trying to impeach him for ‘inciting the riots’ plus a few other related idiotic charges-
That’s just not so.
Yeah, I agree with your two posts there.
People sometimes change when they feel the weight of being
ultimate authority at the Supreme Court. Some of the
justices have been pretty decent before being seated there,
and then the wheels fall off.
You’d think they would have become comfortable as judges
prior their arrival at the SCOTUS, but then they all of
a sudden seem to see things differently.
Is that human nature at times. At times it may be. I do
have a problem with that Obamacare ruling though.
Even the Democrats told the court it wasn’t a tax. They
denied they were pushing that line. Then Roberts did it
for them.
Just sheer lunacy. I agree with the comments you mentioned,
yours and the Leftist leaning naysayers.
I don’t see how the Chief Justice has a choice...he was impeached as President.
In the case of Trump, we would have the same conflict of interest in Kamala Harris presiding over the banning of her potential 2024 rival from running.
This would open up huge constitutional issues of parties impeaching their most popular campaign rivals just to prevent them from running.
-PJ
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