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‘Deemed Presented’
There is a lot of discussion about Nancy Pelosi holding up presentment of the Articles of Impeachment as a tactic to …..whatever it is that it “stops.” The Constitution is pretty clear that the House gets to propose and the Senate gets to dispose. It was also made clear that the Senate is both judge and jury in its proceeding to “try” the House indictment.
So, how does the Senate keep from being held hostage by the House? Simply pass a rule that having taken “judicial notice” of the adoption by the House of two Articles of Impeachment on December 18, 2019, which matter was publicly witnessed by the nation at large. The Articles shall be “deemed presented” to the Senate whether or not Her Majesty, Queen Nancy, deigns to formally present it. The Senate will then proceed to calendar it and try the matter per its own rules.
Published in General
You are highlighting how the various components of this process can turn this into a total clusterfark. As stated in #27, misbehavior can put the entire constitutional framework in jeopardy. The progressives in this country have decided that if they can’t have a constitution that does not constrain them, then no constitution will do just as well. And too many people who should be allied with Trump in this battle are prepared to lose their constitution rather than support him. Pathetic.
(How arrogant to quote myself!)
Andrew McCarthy seems to be of the opinion that Impeachment has not yet taken place because Pelosi has not officially handed over the articles of Impeachment to the Senate.
I had a wild thought. Pelosi may NEVER hand over the Articles of Impeachment. We all know, and the Democrat leadership knows, that a Senate trial would be a Hyuuuuuge propaganda victory for the Republicans and would expose the truth about Democrat lying and underhanded tactics. The only way to prevent this, and still claim the victory of Impeachment, is to sit on the papers till Kingdom Come. They will have the very plausible excuse that “everyone knows Trump will be acquitted by the Republican majority,” “and of course the Republicans will rig the trial,” so there will be no good reason for holding a trial. They will have to suffer some disgruntlement among their base, but not as much as a totally embarrassing trial would inflict. I see this as their only way out of a disastrous situation.
Is this nuts? Am I starting to think like a Democrat?? If so, should I be confined to a padded cell???
Not until the articles are presented to the Senate. They voted to approve articles of impeachment. All impeachments require a trial.
If there is no trial, then he hasn’t been impeached.
Articles have been approved, sure. Until the House hands them over to the Senate, the impeachment is incomplete.
A job half done is as good as none.
Constitutional citation for that?
If the document doesn’t result in a trial in the Senate then it hasn’t risen above the level of a resolution. Regardless of the title on the document.
It certainly isn’t an impeachment, since impeachments are solely tried in the Senate, not the courts nor the press.
I mean, just because the House calls some document “the Affordable Care Act” doesn’t mean that it provides care that is affordable.
I meant, where does it say the House has to present it before the Senate take s it up?
The vote has been taken. It’s been in all the newspapers and TV newscasts. I presume it’s in the Congressional record. The House’s role is complete. “The Senate shale have the *SOLE* power to try Impeachments”. The House doesn’t have the power to stop it.
Sure, a vote on what?
They get things wrong all the time. How do you know it is official?
If it hasn’t let the house then it hasn’t happened. Where is the receipt?
So if the Senate were to refuse to allow the House to deliver the papers (lock the door and claim there’s nobody home?), then he’s not impeached? But how can that work when house has “sole” power of impeachment?
The Senate is not part of impeachment. They have no role. Therefore, purely as a matter of logic it can’t matter whether paperwork has been delivered or not.
The impeachment is done when the vote is done. Just as the senate has no power to influence the impeachment role of the house, the House has no power to influence the trial in the Senate.
Your argument sounds fine to me, but there are strange things that take place in bureaucracies.
Apparently impeachment is like Schroedinger’s cat: It’s both alive and dead until presented to the Senate.
Sure they do, they have sole power to try all impeachments. For that to happen, something official from the other body has to arrive saying “we have impeached so-and-so”. Such delivery hasn’t happened.