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Incorrect. Both the US Senate and the US House adopted Jeffersons manual in the early 1800s
It tells them HOW, via parliamentary procedure, to follow the Constitution.
Democrats have failed to impeach Trump.
You are incorrect.
The Senate traditionally has not considered Jefferson's Manual of Parliamentary Practice to be its direct authority on parliamentary procedure. However, starting in 1828 the Senate began publishing a version of Jefferson's Manual for their use, removing the Senate Rules from within the text and placing them in a separate section. In 1888, when the Senate initiated publication of the Senate Manual, a copy of the manual was included in each biennial edition. This practice continued until 1977.
SCOTUS can say, and they have, that the Senate has sole power to conduct an impeachment trial in whatever manner they decide and that it is not reviewable.
Not really.
Quote:
The near-unanimous view of constitutional commentators is that the House of Representatives' "sole power" of impeachment is a political question and therefore not reviewable by the judiciary. The House is constitutionally obligated to base a bill of impeachment on the standards set out in Article II. (See Article II, Section 4.) However, the fact that the Constitution's text grants the House the "sole power," and the fact that such a review is not clearly within the Article III power of the federal judiciary indicate that this responsibility is the House's alone. The Supreme Court has found that the Senate's "sole power" to try impeachments is not justiciable. Nixon v. United States (1993).
Former Harvard Law School Professor Alan Dershowitz wrote on Thursday that he thinks it's "difficult to imagine anything more unconstitutional" than House Speaker Nancy Pelosi, D-Calif., withholding the articles of impeachment against President Trump from a Senate trial.
Dershowitz's comments came in response to Laurence Tribe, another Harvard Law Professor who called for Democrats to delay sending the articles to the Senate -- something Pelosi has already indicated she's willing to do.
"[Tribe] would withhold the trial until the Senate agreed to change its rules, or presumably until a new election put many more Democrats in the Senate. Under his proposal, there might never be a Senate trial, but the impeachment would stand as a final and permanent condemnation of President Trump," Dershowitz wrote in a Newsmax op-ed.
"It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people. Put bluntly, it is hard to imagine a worse idea put forward by good people," he added.
This boat will not float. And I think Nancy Pelosi knows that, which is why she is refusing to take questions about impeachment from the media at this time. She will in all likelihood transmit the articles the first week in January.
And if she doesn't, then Senator McConnell has the ball and it is up to him to decided how he wants to move this forward.
The founding fathers also didn't intend that the POTUS to be a dictator. Seems some Republicans in the Senate think differently. Ask Ms Lyndsey Graham.
All the House is asking is that Moscow Mitch allow witnesses. He refuses. Aren't witnesses generally called to testify in a trial?
Motions to dismiss are also normal at a trial before any witnesses are called !!! So whats your point !!!
We heard you and the case is now dismissed for a total lack of evidence !!!
Jefferson's Manual (1801) and adopted by the US House in 1837 as rules for parliamentary procedure to implement the US constitution spells out exactly what the US House must do for an Impeachment. The US House has not voted to toss this 220 year old document aside.
Pelosi has not completed it, so there's no impeachment.
Only the idiotic Democrats could screw up something so important.
possibly....
maybe....
but those are rules... not law... there is no law regarding it there is only constitution which says "house sole right to impeach. Senate sole right to try." beyond that its up in the air. yes there is some precedent for how this has occurred in the past. but no law or definition in the constitution.
and as i put my strategy hat on it make more sense for Pelosi to do this than it does to actually refer the charges.
She can claim victimhood. the dems have lost the energy/motivation edge they held in 2018. They can use this as the rally cry in the next cycle.
i think its a crapshoot though. i think they damaged the brand terribly in how they handled this and in over promising what it all meant but it might very well be the only path they have left
Folks, there is one and only one reason Pelosi is delaying the articles. She wants to see some polls on how people feel about the impeachment vote. Polls were starting to show growing support for Trump during the process. Now that it is over and done, maybe they will show a shift back. Or maybe they will accelerate the increase in Trump support. If the former, she can submit promptly. If the latter, she can kill them and say they weren't trying to remove Trump from office before the election but just making a statement of disapproval. Pelosi knows she and her party are not in a good position right now and is waiting in the hope that it will get better. In other words, she has lost her ability to read the people and doesn't know what to do.
Why would they reverse the 22nd amendment? That’s idiotic.
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