Posted on 12/20/2019 12:06:10 PM PST by NobleFree
[GianCarlo Canaparo is a legal fellow in The Heritage Foundation’s Meese Center for Legal and Judicial Studies.]
[...] Let’s start with the Constitution. Article 1, Section 2 states that the House “shall have the sole Power of Impeachment.” Section 3 states that the Senate “shall have the sole Power to try all Impeachments.”
Critically, there is no mention of procedure here. So where does this supposed transmittal requirement come from? The answer is the Senate’s own rules. Specifically, its rules governing impeachment procedure.
The first rule of impeachment procedure states that the Senate will not act on an impeachment until the House sends to the Senate its appointed “managers”— the representatives who will act as the lawyers during the impeachment trial. After the House has presented its managers to the Senate, then the Senate takes the reins and launches its trial.
So can Pelosi delay an impeachment trial? Yes, as long as the Senate doesn’t change its current rules. But there’s absolutely nothing stopping it from changing this rule, and the Senate should change the rule to prevent this sort of gamesmanship.
[...] So the Senate should change its impeachment rules as follows: once the House has impeached the president, the Senate shall set a date for trial and shall set a deadline for the House to present its managers to the Senate. If the House fails to meet that deadline, the Senate will either dismiss the articles of impeachment for lack of prosecution or, better yet, vote on the articles immediately in light of the evidence presented to it — in this case, no evidence.
Having set this boulder rolling, House Democrats should not be allowed now to hold it up. They started this process. It’s up to the Senate to finish it on its terms alone. Not Pelosi’s.
(Excerpt) Read more at foxnews.com ...
Senate won’t do it, because it’s run by spineless GOP swamp monsters.
That should cover any attempts at claiming the House hasn’t properly transmitted the “official” Articles and trying to add to them after the fact of a Senate trial. It would also cover the claims of the Articles being created in the Senate rather than in the House.
My take is play just like them. Marquess of Queensbury rules do not work.
I don’t understand why everyone is in such a hurry. I would be fine if this waited until Durham makes arrests lot and lots of arrests. It will make the impeachment show seen for what it really is.
What is a “PITA?”
“So where does this supposed transmittal requirement come from? The answer is the Senate’s own rules.”
While the author goes on to get it correct, why even print an incorrect/misleading statement?
The more correct answer would be...
The answer is the Senate’s current rules.
“Rules” are to be obeyed. You MUST follow the “rules”.
Well.... unless you change them, which any Senate majority can do, and DOES do, ALL THE TIME!
But right now I'm enjoying Nan looking like a damnfool for tying the country in knots for three months for what . . . nothing?
Its kinda a bread like stuff but thats not important right now
Have you ever been taken or taken someone to court/ It takes years. For the government what is speedy? 1 week, 1 month 1 year? Why be in such a hurry in the meantime Trump is still our President.
That freak at Harvard the dims love listening to doesn’t agree.
Click bait headline. 15 yard penalty.
What could go wrong, especially when you have Mitt Romney kicking the extra point....
Let me break it down for ya.
According to the constitution, concerning impeachment...
1. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
2. The Senate shall have the sole Power to try all Impeachments.
There you have it. The House can do whatever it wants when it comes to “impeachment” and the Senate can do whatever it wants when it comes to the trial of all “impeachments”.
It’s really quite simple.
Don’t read “powers” into the House and the Senate that they don’t have concerning impeachment.
The House has had their “majority” say, now the Senate will have theirs. (WITHOUT any dictates, demands, or interference from the House)
AND there will be NO GOING TO COURT over disagreements.
The House and the Senate have their own “SOLE” power.
Congress gets back January 7. McConnell’s first order of business after he showhorns through another 50 Trump judges and a replacement for Ginsberg if she has bought the ranch over the holidays is to hold a vote to set a time certain for a trial 10 days after that. Then when Pelosi does not send her impeachment managers to present the case, dismiss it with prejudice. And then both Trump and the Republicans should go into overdrive in messaging independents they need to give Republicans a majority in both houses come November if they want this to end.
i feel like im watching my parents argue over a divorce and i want to divorce myself from them both
Or Pain In The Aorta. Or Pain In The Alimentary-tract. Yeah, That's it!!
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