First time I have ever heard that! I always thought & was taught that impeachment was solely in the hands of the Congress. House delivers voted on bill, Senate holds trial. No place for USSC other then CJ presides over trial.
What Dershowitz was alluding to is the equivalent of a motion to dismiss a lawsuit for failure to state a claim upon which the court can grant relief. In other words, Roberts as the presiding justice, can dismiss the articles of impeachment if, after accepting the allegations as true, they fail to allege "high crimes and misdemeanor" within the meaning of the constitution.
However Dershowitz said something intriguing. He said that the USSC could weigh in and block the delivery of the bill of impeachment - declare it unconstitutional!. If it determined that there were no “high crimes & misdemeanors” broken in the bill.
First time I have ever heard that! I always thought & was taught that impeachment was solely in the hands of the Congress. House delivers voted on bill, Senate holds trial. No place for USSC other then CJ presides over trial.
What Dershowitz was alluding to is the equivalent of a motion to dismiss a lawsuit for failure to state a claim upon which the court can grant relief. In other words, Roberts as the presiding justice, can dismiss the articles of impeachment if, after accepting the allegations as true, they fail to allege “high crimes and misdemeanor” within the meaning of the constitution.
Thanks for clarifying!