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To: Political Junkie Too

Apparently, he is saying he doesn’t have the authority as per Constitution as he interprets it

But the Senate could come back and designate him giving him the authority

Then it would be back to him to refuse.

I would presume the Senate would normally not do that if they knew Roberts would refuse..but these are not normal times.


120 posted on 01/25/2021 11:26:59 AM PST by RummyChick (To President Trump: https://freerepublic.com/focus/f-chat/3923111/posts)
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To: RummyChick
But the Senate could come back and designate him giving him the authority

The Senate doesn't have that authority. The requirement that the Chief Justice presides when the President is tried is in Article II of the Constitution, which is Supreme Law of the Land. The Senate cannot override the text of the Constitution.

That said, the Senate could certainly request his presence, but it would be an admission that the Senate feels it cannot be fair and impartial on the matter. The Chief Justice cannot decline when the President is tried, but the Constitution doesn't say the Chief Justice cannot preside over lesser impeachments at the invitation of the Senate. If invited, he could still decline.

-PJ

135 posted on 01/25/2021 11:35:37 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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