What do you think of the idea that the House Articles of Impeachment be ruled Unconstitutional?

Question

The idea being floated around is that when the Senate starts the trial, the first thing is an objection from the President's lawyers that the Articles are unconstitutional. The argument being that the Constitution specifies the impeachment crimes and the Articles differ.  Like in any judicial trial, that then becomes a decision of the judge, in this case, Roberts who presides over the trial.  Roberts then rules the Article sent by the House as being unconstitutional.    That will then reestablish the dignity of the Constitution, the rule of law, and establish new guidelines for any future impeachments.  Instead of the direction it is not heading, that being continual harassment of the President using the House majority. It is unprecedented and making new law.  And one for the history books. But something has to be done to stop the behavior such as that shown by the democrats for the past 3+ years.

Anonymous · Accepted Answer

It would be legal malpractice not to move for an immediate dismissal based on a lack of evidence of a crime of any kind.

Celina · Answer

How long have you been a politician? What degree do you hold? Your poor children Earleen! Do you have kids? Then better not comment on other topics which you have no experience in, like teens riding motorcycles and calling me crazy. Stay offline Karen. Your rants are hilarious by the way.

Anonymous · Answer

Since the vote will be along party lines, what possible difference would it make?

It wouldn't even erase donnie's impeachment by the House; donnie's name is forever stained.

StephenWeinstein · Answer

It's not like a judicial trial.  Roberts only presides; he does nothing else.  He doesn't rule on Constitutionality or any of the other issues you raise.

Rick · Answer

I think that should be the second option, the first is to move to dismiss. If they can prove that there is legitimate reasons to investigate Biden and that letting congress see their evidence would damage the case, then we are back to the only crimes found have been committed by Democrats. If they here a motion to dismiss and only allow evidence on why it should be dismissed Biden ends up in prison.

Anonymous · Answer

Republicans will do everything possible to discredit the lawful, Constitutional impeachment of Donald Trump. They know that Trump is guilty, so their only recourse is to attack the procedure and claim that Democrats are somehow ignoring due process.

They're not. Let me be crystal clear -- Democrats gave Trump and the Republicans EVERY OPPORTUNITY to call witness and cross-examine them. Trump was offered to send his own attorneys but he declined. Trump got the "process" to which he was "due."

The problem is not anything the Democrats have done. The problem is that Trump blocked all White House staff from responding to Congressional subpoenas. That is textbook Obstruction of Justice.

Republicans will acquit Trump because they stopped caring about the rule of law a long time ago. Today the GOP exists solely to funnel money from middle-class Americans into the pocket books of the rich. They will lie, cheat, steal and collude with foreign nations to accomplish this goal, and truth & facts be damned!

Anonymous · Answer

The Supreme Court cleared Trump of the obstruction of Congress charge, the abuse of power charge is ludicrous.

? · Answer

Treason , High Crime or Misdemeanor .

The Constitution seems pretty clear .

Anonymous · Answer

That sounds like a right wing wet dream if I ever heard one. Stupid, that is.

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What do you think of the idea that the House Articles of Impeachment be ruled Unconstitutional?

9 Answers