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Nancy Pelosi, Not Trump, Is Provoking A Constitutional Crisis
The Federalist ^ | 12/20/2019 | John Daniel Davidson

Posted on 12/22/2019 6:59:12 PM PST by bitt

By refusing to send articles of impeachment to the Senate, Pelosi is asserting the primacy of the Democrat-controlled House over the GOP-led Senate.

House Speaker Nancy Pelosi’s decision not to send the articles of impeachment to the Senate for trial on the pretext that Senate Majority Leader Mitch McConnell won’t conduct the trial in a manner approved by House Democrats introduces a novel and dangerous dynamic to the impeachment of President Trump—namely, a constitutional crisis, not between the legislative and executive branches, but between the House and the Senate.

Under the Constitution, the House has the sole power of impeachment and the Senate has the sole power of conducting a trial. Although the Constitution doesn’t say the House must go through a formal process of “transmitting” the articles of impeachment to the Senate, precedent and Senate rules dictate that the Senate does not take up measures passed in the House until they have been certified and transmitted, and that it won’t take up an impeachment trial until the House appoints impeachment managers (or prosecutors) for the trial.

This Pelosi has refused to do. She is in effect asserting the primacy of the House over the Senate, insisting that the Senate conduct an impeachment trial on terms dictated by the House.

The pretext for her gambit are a few comments this week by McConnell that he’s “not an impartial juror,” and that he’s taking his cues from the White House. “The House made a partisan political decision to impeach,” McConnell said Tuesday. “I would anticipate we will have a largely partisan outcome in the Senate. I’m not impartial about this at all.”

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


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS:
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1 posted on 12/22/2019 6:59:12 PM PST by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; azishot; AZ .44 MAG; Baynative; ..

P


2 posted on 12/22/2019 6:59:27 PM PST by bitt (A FRIVOLOUS impeachment vote is a SEDITIOUS CONSPIRACY)
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To: bitt

She has to work to outdo fraudulently certifying the Kenyan from Indonesia.


3 posted on 12/22/2019 7:02:24 PM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: bitt

4 posted on 12/22/2019 7:04:26 PM PST by Bon mots
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To: bitt
Consider this: The Congress consists of two bodies of course. The House and the Senate.

The 2nd Article of Impeachment of President Trump is "Obstruction of Congress".

By not naming "managers" and submitting the articles to the Senate...Pelosi is by definition Obstructing Congress.

Until she does so, the Senate knows nothing about impeachment and has nothing to try...therefore there is no impeachment.

5 posted on 12/22/2019 7:07:43 PM PST by Positive (Nothing is sadder than to see a beautiful theory murdered by a gang of brutal facts.)
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To: Positive

Maybe Pelosi should be impeached for obstruction of Congress.


6 posted on 12/22/2019 7:09:55 PM PST by FreedBird
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To: FreedBird

That sounds good to me. Unfortunately precedent (1999) shows that Republicans only involves themselves in matters involving High Crimes and Misdemeanors. (Treason and Bribery most definitely being High Crimes).

Obstruction of Congress is not a crime...


7 posted on 12/22/2019 7:18:14 PM PST by Positive (Nothing is sadder than to see a beautiful theory murdered by a gang of brutal facts.)
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To: Positive

Let articles of,impeachment flow against Pelosi.

Obstruction of Congress

Interfering in Senate powers and procedures

Illegally demanding the Senate do their business according to what the Speaker of the House insists they do

Illegal quid pro quo, withholding doing her constitutional duties unless the senate agrees to do things by her demands

Impeach the b1tch


8 posted on 12/22/2019 7:18:46 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: bitt

Misplaced concern.
As if the Senate is begging for the case, willing to negotiate to get it.
The crisis is that the leader of the House is refusing to act on the will of the House majority.

House minority could introduce a resolution demanding Pelosi deliver the Articles immediately, and could get enough Democrats to agree for it to pass.
House minority could appeal to the Supreme Court asking they direct Pelosi to deliver the Articles immediately, given her declaration to indefinitely delay.

It’s not the Senate’s problem.
It’s the House’s problem.


9 posted on 12/22/2019 7:22:57 PM PST by ctdonath2 (Democrats oppose democracy.)
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To: bitt

Constitutional crisis? You give Nancy too much credit. She has not generated a constitutional crisis , but a public support crisis for the Dems.

That’s the so called crisis, they loose AGAIN.

That’s victory for America!

Nancy’s political career is finished. She’s all washed up.


10 posted on 12/22/2019 7:30:16 PM PST by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obam_the_quintessentia_1.html))
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To: bitt

“She is in effect asserting the primacy of the House over the Senate”

She is in effect asserting the primacy of herself over the House and the Senate, and the nation’s laws. She must have a fantastically high sense of self-regard.


11 posted on 12/22/2019 7:52:48 PM PST by rightwingcrazy (;-,)
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To: bitt

“Nancy Pelosi Is Provoking A Constitutional Crisis By refusing to send articles of impeachment to the Senate, Pelosi is asserting the primacy of the Democrat-controlled House over the GOP-led Senate”

not really.

Nancy has threatened to withhold her sham articles of impeachment from the Senate unless/until they adopt trial rules that she likes, and Mitch McConnell’s response was to publicly and literally laugh at her and pretty much told her: “Withhold as long as you want because we have more important business things than waste our time on your sham impeachment articles anyway”.

personally, i don’t see where there’s a “crisis” in that situation: Nancy made a ridiculous, self-defeating threat to the Senate and McConnell laughed and told her to go suck eggs ... end of story ...


12 posted on 12/22/2019 8:01:44 PM PST by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: Positive

“Obstruction of Congress is not a crime”

not only is it not a crime, but it is Constitutional duty of the President, which is why he was given veto power over Congress ..


13 posted on 12/22/2019 8:03:12 PM PST by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: Positive
The Senate can change its own rules tomorrow. They can leave every existing rule in place, but add one more that says any impeachment articles voted out of the House but not delivered to the Senate within 30 days will he scheduled for trial without any House managers involved. The impeachment articles will be introduced as the only “prosecution” evidence in the trial, and the defense will proceed accordingly.

Put a rule like that in place, and Pelosi will deliver those impeachment articles by hand even if she has to carry them on a bicycle from California herself.

14 posted on 12/22/2019 8:27:55 PM PST by Alberta's Child (In the time of chimpanzees I was a monkey.)
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To: bitt

Breaking: Adam Schiff Sets Eyes on Pence – He’s “Acquired Evidence” From Ukrainian Investigation
GP | 12/19/19 | Jim Hoft
Posted on 12/19/2019, 1:13:02 PM by Enlightened1

http://freerepublic.com/focus/f-news/3802184/posts

As Carl Sagan might say, extraordinary actions suggest extraordinary motives... Is it possible that Pelosi could be holding off until a compliant House impeaches Pence, then present all articles on both Trump and Pence to a (possibly compliant) Senate for a (kangaroo) trial and conviction (in which case pelosi could conceivably become president)? It has been noted elsewhere on FR that a Trump replacement for Pence would probably never pass the current session of the House.

This possibility is probably not lost among members of both chambers of Congress. A canary test would be a sudden coverage by the media of the potential of wrongdoing by Pence, and witnesses to that effect against Pence, perhaps around the end of the primary season. The Republicans would be given some incentive to come up with a last minute stopgap candidate pair for President and Vice President, under politically embarrassing circumstances. Another anonymous spooky whistleblower perhaps? Why not— it worked the first time.


15 posted on 12/22/2019 8:28:33 PM PST by SteveH (intentionally blank)
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To: Positive

Obstruction of Congress is not a
crime. If the Senate were to charge
the House with obstruction of
Congress, would this not legitimise
the charge. (Getting the Senate on
record of recognizing the charge)?


16 posted on 12/22/2019 10:36:01 PM PST by Lean-Right (Eat More Moose)
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To: bitt
No, no Nannette...your MORON Democrats in Virginia are trying to provoke CIVIL WAR II.


17 posted on 12/22/2019 11:18:18 PM PST by Dick Bachert (THE DEEP STATE HATES YOU!)
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To: Dick Bachert

My gov. Total stooge.


18 posted on 12/23/2019 2:24:23 AM PST by databoss
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To: FreedBird

It occurs to me that inability to do just this, Impeach Pelosi, is the “flaw” in our system.


19 posted on 12/23/2019 2:25:32 AM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: bitt

In the parlance of another time, Pelosi has got her teat caught in the wringer. It hurts like heck, but she can’t figure out how to get it out.


20 posted on 12/23/2019 4:08:24 AM PST by Jimmy Valentine (DemocRATS - when they speak, they lie; when they are silent, they are stealing the American Dream)
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