Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Second Impeachment: Chief Justice Roberts and the Courage of Roger Scruton
American Thinker ^ | 01/26/2021 | Christopher Chantrill

Posted on 01/26/2021 8:33:30 AM PST by SeekAndFind

We conservatives are pretty pissed off at John Roberts, Chief Justice. We remember the cartoon of a week or so ago when the United States Supreme Court was represented as three donkeys, four chickens, and, on the end of the row, two Americans: Justice Alito and Justice Thomas.

But now our Democratic friends want to have a trial of Citizen Trump in the Senate. So I looked up the text of the Constitution online. It says

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: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Ahem. Do you see the problem here, you strict constructionists, you living constitutionalists, and you, Sen. Chuck E. Schumer (D-NY)? When the proposed trial begins on February 8, Roberts, CJ, can say -- should say -- to the assembled duly sworn multitude: “Sorry chaps. The President of the United States is not on trial. Citizen Trump is on trial. So it would be against the Constitution as written for the Chief Justice to preside. And it would be a grievous blow to the dignity of the Supreme Court and the plain meaning of the Constitution if the Chief Justice were to preside in flagrant violation of the plain words of the Constitution.”

This should not be that hard for the Chief Justice. Back in the day, did he not say, with plain words, in his decision on Parents Involved in Community Schools v. Seattle School District:

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: abortion; bloggers; homosexualagenda; impeachment; johnroberts; keystonexl; rogerscruton; scotus; tds
Navigation: use the links below to view more comments.
first previous 1-2021-37 last
To: Sacajaweau

Grassley is not the pro tempore
Leahy is
He will be the “judge” and also will vote


21 posted on 01/26/2021 9:17:34 AM PST by silverleaf (In a time of universal deceit, telling the truth is a revolutionary act.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Sacajaweau

That makes the power structure 49/50 if the Harris seat has been appointed by Feb 8th, right?


22 posted on 01/26/2021 9:25:47 AM PST by MHGinTN (A dispensation perspective is a powerful tool for discernment)
[ Post Reply | Private Reply | To 18 | View Replies]

To: SeekAndFind

It occurs to me that the demon rats are having this kangaroo impeachment in order to ‘institutionalize’ their lies about the fraudulent election. As if stating their lies for the Senate record will give them legitimacy ...


23 posted on 01/26/2021 9:27:32 AM PST by MHGinTN (A dispensation perspective is a powerful tool for discernment)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
If they know the election was actually won stolen by fraud, then they would actually be impeaching a duly elected, but not sitting in the WH, President Trump.

So, if the election shenanigans many saw occurring are someday seen by all, including the courts that refused to look when it was before them, it won’t matter.

This way they have impeached the real President ... again ... ‘fair and square” lol ... with or without election fraud.

And so, now those past and present Senators own two of the three branches outright.

“Come and take it”

24 posted on 01/26/2021 9:31:17 AM PST by GBA ( Here in the matrix, “merrily, merrily ... life is but a dream.”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: silverleaf

I corrected myself.


25 posted on 01/26/2021 9:31:21 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 21 | View Replies]

To: SeekAndFind

Please be advised that copyright restrictions apply equally downthread. Thanks.


26 posted on 01/26/2021 9:32:50 AM PST by Sidebar Moderator
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
”But note the words — SHALL NOT EXTEND FURTHER THAN REMOVAL FROM OFFICE. <-— That is the purpose of impeachment.”

I don’t agree.

It’s my understanding that several versions of the Second Amendment were circulating at the time of ratification of the Bill of Rights, including one with three commas. My own understanding of the meaning of the Second Amendment requires only one comma.

I believe that people in that era were simply not very disciplined in the use of commas.

I believe that the Impeachment Clause should be understood as if the comma before “and” is not there. What sense would it make for the government to decide that some crimes render a person unacceptable for one office but not another? If a person had once been convicted by the Senate of such high crimes, why would a future Senate trial not be expected to arrive at the same conclusion based on the same evidence?

I understand that, once convicted, an impeached officer can then be barred for life by a simple majority of the Senate. That makes no sense to me at all.

I believe that the Senate has the power to try Trump and, if convicted, bar him for life from holding Federal office. I also believe that Roberts is obligated to preside. I think the whole idea of having the CJ preside is to discourage the nonsense we are seeing now.

27 posted on 01/26/2021 9:45:19 AM PST by William Tell
[ Post Reply | Private Reply | To 19 | View Replies]

To: MHGinTN

They want this all to go down in the history books as to how they have saved us from PDJT, who was impeached TWICE. Yes, what you said about institutionalizing their lies. Much of what they do is for that purpose, IMHO.


28 posted on 01/26/2021 10:02:28 AM PST by NEMDF
[ Post Reply | Private Reply | To 23 | View Replies]

To: MHGinTN

“Leaky” was recently described in an article as being “perpetually drunk”. I thought he was long gone and buried yet he’s still here getting hammered and pissing on everyone.

O Lord hear our prayer.


29 posted on 01/26/2021 10:12:25 AM PST by mcshot (Prepare for the new meaning of "riding shotgun". "WHAT'S RIGHT IS RIGHT")
[ Post Reply | Private Reply | To 11 | View Replies]

To: mcshot

The people to blame are the perople of Vermont who keep re-electing that classless turd every election cycle.

Electing senators via the state legislatures as the Founding Fathers intended can’t produce worse clowns then the present ones !


30 posted on 01/26/2021 10:20:49 AM PST by Reily
[ Post Reply | Private Reply | To 29 | View Replies]

To: Bratch
There's nothing in the Constitution that specifically identifies the limitations of impeachment.

Anything not explicitly permitted is not allowed.

Can the Senate impeach a chicken?

Point to the passage in the U.S. Constitution prohibiting the impeachment of a chicken!

Regards,

Of course, they are free to subpoena a chicken!

31 posted on 01/26/2021 10:24:12 AM PST by alexander_busek (Extraordinary claims require extraordinary evidence.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Diogenesis

So Congress can just impeach a private citizen and serve as judge and jury? The Constitution is clear you can impeach a President, but Trump isn’t President so what in the heck are they doing. If Trump supposedly committed a crime of inciting violence then that is something for DOJ and the courts not Congress. This impeachment is a joke and is just a private vendetta.


32 posted on 01/26/2021 10:35:39 AM PST by The Great RJ ("Socialists are happy until they run out of other people's money." Margaret Thatche)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Diogenesis
Ahem. Do you see the problem here, you strict constructionists, you living constitutionalists, and you, Sen. Chuck E. Schumer (D-NY)? When the proposed trial begins on February 8, Roberts, CJ, can say -- should say -- to the assembled duly sworn multitude: “Sorry chaps. The President of the United States is not on trial. Citizen Trump is on trial. So it would be against the Constitution as written for the Chief Justice to preside. And it would be a grievous blow to the dignity of the Supreme Court and the plain meaning of the Constitution if the Chief Justice were to preside in flagrant violation of the plain words of the Constitution.”



33 posted on 01/26/2021 10:44:28 AM PST by knarf (The Constitution protects the right to peaceably assemble, not to protest)
[ Post Reply | Private Reply | To 2 | View Replies]

To: BenLurkin
“shall” is a very powerful word in the law

The way I learned it, the future tense goes, "I shall, you will, he will, etc." unless you are conveying emphasis or command, and then it's the opposite: "I will, you shall, he shall, etc." But "scarcely anyone will notice either way." (If scarcely anyone shall notice -- that's an order!)

34 posted on 01/26/2021 10:45:25 AM PST by Buttons12 ( )
[ Post Reply | Private Reply | To 4 | View Replies]

To: SeekAndFind

they do not want him to be able to run for office again.


35 posted on 01/26/2021 11:17:20 AM PST by dirtymac (Now is the time for all good men to come to the aid of their country.(DT4POTUS))
[ Post Reply | Private Reply | To 19 | View Replies]

To: rigelkentaurus

That’s what I don’t get. You can’t even call this a trial. The Senate can’t try a private citizen. This is nothing more than a communist show trial.


36 posted on 01/26/2021 12:05:48 PM PST by Pining_4_TX (‘You can drive out Nature with a pitchfork, but she keeps on coming back.’ – Horace)
[ Post Reply | Private Reply | To 9 | View Replies]

To: alexander_busek; SeekAndFind
The fact that so many on this thread (and in the legal community) are arguing about how many angels can fit on the head of a pin means the matter is far from cut and dried.

The lack of specifics in the Constitution leaves a hole liberal judges can drive a truck through. Which means the "constitutionality" of the entire process will rest on the opinion of FIVE Supreme Court justices.



37 posted on 01/26/2021 12:06:57 PM PST by Bratch
[ Post Reply | Private Reply | To 31 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-37 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson