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To: knighthawk

Cassidy is idiotic for voting as he did because the Dems made a better presentation. However, and this is going to be an unpopular opinion here, he likely was right. He did not vote to convict Trump. He voted that it is Constitutional to hold an impeachment trial. Those are two logically distinct issues. It is quite possible (and IMO true) that the impeachment is legal, but completely unfounded on the merits of the case.

As evidence for this, I quote the Constitution, specifically Article I, Section 2, Clause 5, “The House of Representatives shall choose their Speaker and shall have the sole power of impeachment”. If you read the Constitution you’ll find that this is the only language regarding impeachment. Article I Section 3 Clause 6 deals with impeachment trials in the Senate, and is the only other language regarding impeachment trials. It gives the Senate the power to conduct trials, specifies that the Chief Justice will preside when the POTUS is on trial, and limits punishment to removal from office and disqualification from holding future office.

Notably absent in these references is any discussion of who can be impeached. The Founders were smart men who were quite capable of using the written word to express their intent. If it were intended that impeachment would be limited to current office holders, I’m quite sure the Founders were capable of making that intent clear.

In the absence of any further guidance from the Constitution, the Article I Section 2 reference given above applies - the House has the power to impeach. That would presumably include the power to determine who can be impeached. As a further technical point, the House impeached Trump when he was a sitting President, so even if impeachment were limited to current office holders, this impeachment is Constitutional.

I’m no liberal; I’m as conservative as anyone on here. I am conservative based on fundamental principles. One of these is that our Constitution is the most effective governing document ever created, so we should actually follow it. I cannot and will not abandon this principle simply because it’s politically expedient to do so. This impeachment, like the previous one, is ridiculous on its face. Trump has now been impeached for conducting diplomacy with a foreign government and for giving a speech at a political rally. Obviously both of these are ridiculous, but neither is unconstitutional.

I have donned my asbestos suit — flame away.


19 posted on 02/10/2021 6:06:09 AM PST by stremba
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To: stremba

It’s simple. You are not worth discussion.


20 posted on 02/10/2021 6:28:19 AM PST by ohioman
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