Home Commentary Pelosi Violating The Constitution, Is Powerless In Impeachment Trial Of President Trump,...

Pelosi Violating The Constitution, Is Powerless In Impeachment Trial Of President Trump, Expert Says

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House Speaker and California Rep. Nancy Pelosi is holding on to the Articles of Impeachment like she would hold on to The Fountain of Youth if she found it.

And believe me if anyone needs to find it is her, not only for herself but for the shuffleboard playing crew Democrats have campaigning for president.

But be that as it may, Pelosi’s game is to hold the Articles of Impeachment from the Senate to extort Senate Majority Leader and Kentucky Sen. Mitch McConnell to cave into what Democrats want the trial to be.

The leverage that she thinks she has is that President Trump and Sen. McConnell have a desire to see the president acquitted in the Senate.

And she thinks that if she does not send the Articles of Impeachment then the president will be forever impeached and pending a trial.

But, as Constitutional expert Rob Natelson, said in a piece for The Tenth Amendment Institute, the Speaker is incorrect.

“Some legal commentators argue that the impeachment of President Trump is not valid until Speaker Nancy Pelosi delivers the articles of impeachment to the Senate. Hence, the argument goes, the Senate cannot try the president until after they are delivered,” he said.

“With all due respect, I think this is wrong: As one who has studied, researched, and published on the entire Constitution and constitutional history (including impeachment) for decades, I believe the argument is based on a misunderstanding of how the Constitution works.

“The Constitution states that the House of Representatives has the ‘sole Power’ to impeach and the Senate has the ‘sole Power to try.’

“The Constitution recognizes the office of Speaker of the House, but she is not the House itself—she is only an officer.

“Nothing in the document gives her a presidential-style veto. Nothing grants her any authority to block, or even suspend, formally-adopted bills or resolutions.

“On the contrary, if the Speaker holds back a duly-adopted impeachment resolution as a way to influence Senate trial procedures, she is unconstitutionally interfering with the Senate’s ‘sole Power to try all Impeachments.’

“Additionally: The Constitution specifies those cases in which formal notification is necessary for an action to be valid.

“The framers no doubt considered it important to do so. This is because most were lawyers and they knew that under their legal system some documents were valid as soon as they were signed while others had to be formally delivered to a particular recipient,” he said.

When she announced the impeachment of the president, Speaker Pelosi continued to name the Founders as her reason.

Then she should again look to The Founders for guidance on this. If she does she will find that she has no power to dictate to the Senate,

via thefederalistpapers

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