Author Topic: The Supreme Court Has No Role in Impeachment  (Read 745 times)

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Online Elderberry

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The Supreme Court Has No Role in Impeachment
« on: April 25, 2019, 02:46:55 pm »
LAWFARE  By Quinta Jurecic Wednesday, April 24, 2019

On April 24, the president tweeted:

Quote
Donald J. Trump
‏Verified account @realDonaldTrump

The Mueller Report, despite being written by Angry Democrats and Trump Haters, and with unlimited money behind it ($35,000,000), didn’t lay a glove on me. I DID NOTHING WRONG. If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only......
5:10 AM - 24 Apr 2019

.....are there no “High Crimes and Misdemeanors,” there are no Crimes by me at all. All of the Crimes were committed by Crooked Hillary, the Dems, the DNC and Dirty Cops - and we caught them in the act! We waited for Mueller and WON, so now the Dems look to Congress as last hope!
5:18 AM - 24 Apr 2019
The suggestion was met with derision, including widespread suggestions that President Trump simply does not understand the Constitution. Laurence Tribe called the argument “idiocy.” “The Constitution? How Does It Work?” tweeted Dan Drezner. It’s tempting to write this off as just another ill-tempered presidential tweet. And it’s true that, without a dramatic change in the underlying case law, Trump’s suggestion of appealing an impeachment conviction to the Supreme Court is genuinely absurd. The Constitution establishes that "The House ... shall have the sole Power of Impeachment” and that "[t]he Senate shall have the sole Power to try all Impeachments.”

But Trump’s suggestion of resorting to the Supreme Court to appeal an impeachment did not come out of nowhere. Prominent Trump defender Alan Dershowitz recently made an argument along the same lines, writing in an essay on “The Case Against Impeaching Trump” that, “Were a president to announce that he refused to accept the actions of the Senate in voting for his removal … and that he would not leave office unless the Supreme Court affirmed his removal, the people might well agree with him.” In the past, Trump has managed make fringe legal arguments into commonplace talking points on Fox News. And so, while it’s easy to write off Trump’s tweet, it’s worth considering Cornell Law professor Josh Chafetz’s suggestion that statement should be read as “part of an ongoing effort to shift the constitutional debate around president-checking mechanisms.”

In that vein, below is an effort to take a closer look at why the Supreme Court has no power to review an impeachment and conviction.

More: https://www.lawfareblog.com/supreme-court-has-no-role-impeachment

Online rustynail

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Re: The Supreme Court Has No Role in Impeachment
« Reply #1 on: April 25, 2019, 03:03:43 pm »
A Federal Judge is the Final Authority on Everything.

Offline Cyber Liberty

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Re: The Supreme Court Has No Role in Impeachment
« Reply #2 on: April 25, 2019, 05:05:14 pm »
A Federal Judge is the Final Authority on Everything.

Correct.  The SCOTUS could bulldog anything they want to in an Impeachment if they want to.

I've been assured many times the Courts are the sole arbiter of Everything.
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