IT’S UNCONSTITUTIONAL TO IMPEACH FORMER OFFICIALS
IT’S UNCONSTITUTIONAL TO IMPEACH FORMER OFFICIALS
Now that Donald Trump is a private citizen, the Senate should dismiss the article of impeachment against him for lack of jurisdiction. The Constitution is clear: “The president . . . shall be removed from office on impeachment . . . and conviction”—not by the expiration of his term before the impeachment process is complete. It also mandates that “judgment in cases of impeachment shall not extend further than to removal and disqualification“—not or disqualification.
When the Constitution was written, several states allowed impeachment of former officials. . . .
The courts have held that the punishments prohibited by the Bill of Attainder Clause include disqualification from holding office. Moreover, the Constitution requires the chief justice to preside “when the president of the United States is tried.” . . .
Secretary of War William W. Belknap was indisputably guilty of numerous impeachable offences, to which he confessed as he resigned his office hours before the House unanimously impeached him in 1876. The Senate voted in favor of a procedural motion affirming its jurisdiction to try Belknap’s impeachment. But two dozen senators who believed he was guilty voted to acquit on jurisdictional grounds. A close vote nearly a century and a half ago doesn’t establish a binding precedent. . . .
Beyond the constitution, there are strong policy and historical reasons an incoming administration shouldn’t seek recriminations against its predecessor. In some countries defeated former presidents and prime ministers are routinely prosecuted. America has lived more in accordance with President Lincoln’s message to the soon-to-be-defeated Confederacy: “With Malice toward none, with charity for all, with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds.”
For the victorious Democrats to seek revenge against Donald Trump would set a terrible precedent, distract from President Biden’s agenda, and make it hard to heal the country. Better to move on. . . .
(Excerpt from Wall Street Journal. Article by Alan M. Dershowitz. Photo Credit: The White House Flickr.)
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Comments
This can set a precedent where the speaker of the House can try any person without due process and declare them guilty. This could now include any person; private citizen or government official. It trashes due process and the Constitution.
First we lift this up to GOD! Then remember we have a representative government and they are supposed to represent us! Contact your state representatives and Mitch McConnell and let your requests be made known. It is time for our government to represent the people, US! Let them know we will remember their actions when we vote again. We know enough about the vote cheating to stop it in the future. It is past time for some of these people to be voted out of office! We need term limits on these jobs to get rid of the crooks that has been in office for decades serving only themselves and their families, not the people! We thank YOU FATHER GOD for winning this and other battles for America in JESUS MIGHTY NAME! Amen!
Vindicate your servant oh God, may his ememies come before him that he may pray for them at their request lest their destruction come upon them without delay.
HUGE CLUE if biden is a legal president there would be no legal authority to impeach a president , trump, who is not a standing president SOOOOOOOOOOOOOOOOOOOOOOOO without openly admitting that trump is a standing president there are obvious signs that they acknowledge trump ISSSSSSSSSSS PRESIDENT
My only thoughts are about who needs to go to jail. “No justice, no peace!” Just like the chants that rang out in our streets all summer. We really need to see justice about these actions if we want to restore peace and trust of our government once again. Until then, I will put my trust in God to restore it His way and in His timing.