Thursday, January 23, 2020

A Half a Dozen Ways the Impeachment Trial doesn't Follow the Constitution

   Ways in which the Senate's impeachment trial is at odds with what is called for in the Constitution:
   (1.)  The Constitution mandates that there shall be an impartial jury. Yes, some senators have said they are not impartial.  That's one thing. But, do not let it go unnoticed that the division along party lines of those who favor or disfavor impeachment sends clear notice the jury is not impartial.
   (2.) The Constitution calls for the accused to be, "confronted with the witnesses against him." This implies the accused -- in this case, the president, himself -- should be present.
   (3.) The Constitution requires that witnesses be allowed. It doesn't put a limit on how many. "Witnesses against him" would be all those who have evidence against him.
   (5.) The Constitution calls for the House to be "sole" in its proceedings and for the Senate to be "sole" in its. Yet, the House has tried to set rules for the Senate, and Senate officers have pressured House leaders.
   (6.)  The Constitution says the Supreme Court justice shall preside. If we take this to mean he shall preside in the same sense as a judge presides in all other courts across America, who should be making the call on whether witnesses will be allowed, and on what the rules will be?
 


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