Dershowitz: Supreme Court could overrule an unconstitutional impeachment
By Alan Dershowitz, opinion contributor — 05/31/19 04:08 PM EDT
President Trump has said that if the House were to impeach him despite his not having committed “high crimes and misdemeanors,†he might seek review of such an unconstitutional action in the Supreme Court. On April 24, he tweeted that if “the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only are there no 'High Crimes and Misdemeanors,' there are no Crimes by me at all.â€
Yesterday, when asked by a reporter if he thinks Congress will impeach him, the president responded, “I don’t see how. They can because they’re possibly allowed, although I can’t imagine the courts allowing it.â€
Commentators have accused Trump of not understanding the way impeachment works and have stated quite categorically that the courts have no constitutional role to play in what is solely a congressional and political process. Time magazine declared in a headline “That’s Not How It Works,†and Vox called the president’s argument “profoundly confused.â€
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https://thehill.com/opinion/white-house/446394-dershowitz-supreme-court-could-overrule-an-unconstitutional-impeachment