On the Constitutionality of Impeachment

2-15-2021

On the Constitutionality of Impeachment

I have written several blogs addressing the impeachment process as it related to President Donald J. Trump and many have disagreed with my assessments. Some have questioned my “qualification” to even comment on impeachment. Well I hate to disappoint you but it does not take an educational degree or a professorship, PhD, or even a passing grade in US History to make a comment or assessment on whether or not there were constitutional grounds for impeaching a sitting president or continuing after he became a former president.   

My qualifications are that first and foremost I am a US citizen, old enough to know the difference between right and wrong and I have the God given ability to recognize when elected officials have deviated from upholding their oaths of office and turned into a vindictive mob demonstrating their political power.

From the Constitution:

Article 1, Section 2

The House of Representatives …….. and shall have the sole Power of Impeachment.

Article 1, Section 3

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

The second impeachment was an unconstitutional abuse of power by House Speaker Nancy Pelosi who formulated Articles of Impeachment accusing President Donald J. Trump of inciting the insurrection into the US Capital building based solely on him speaking at his MAGA rally on January 6th, 2021. It was also an abuse of power by Senate Majority Leader Chuck Schumer to even bring it up for a vote after Trump was no longer in office.

The Articles of Impeachment were filed by House Democrats mere days before the end of Trump’s term, knowing full well that the process would not be able to run its course with a full-blown trial before inauguration day. It was purely a political stunt with the aim of preventing Trump from being able to run for office ever again.

Once again House Democrats and the media portrayed the MAGA crowd as an angry mob of “Trump Supporters” who invaded the Capital, wreaking havoc thereby filling legislators with fear and trembling as they ran for their lives – All Lies.

I’ve watched the video footage of the MAGA crowd, men, women and children after walking for 45 minutes and arriving at the Capital building and being invited inside by Capital Police. I’ve seen footage of the mayhem happening inside as insurrectionists hammered on doors, broke windows and made their way by force past Capital Police inside the Capital. Those were clearly Antifa and BLM anarchists doing what they have been doing over the past year in Portland, Seattle, Denver, Detroit, Minneapolis and even in DC – rioting and attacking those who get in their way.

I’ve read the accounts of folks who watched Antifa protestors dressed in dark clothing being escorted into the Capital building on January 6th as the MAGA crowd began arriving. I’ve watched the footage of someone placing items outside the Capital building the night before the events of January 6th.

I’ve listened to Representative Alexandria Ocasio-Cortez claiming to be frightened enough to lock herself inside her office bathroom, filled with uncontrollable fear as Capital Police go door to door initiating a lock down of the building and directing everyone to safety and Representative Rashida Tialb who thanked Allah she was not at the Capital building that day. I have also seen photos of her LEADING protest riots.

I purposefully did not watch the congressional clown show which was set to run prolonged until the Republican Senate witness list was to begin with House Speaker Pelosi. Suddenly it was time to vote – Convict or Acquit!

What happened because of House Democrats in their rush to judgement (again) set a precedence that could become the norm to impeach every elected official after they have left public office?

What should have happened was first Congress create a bill from both Chambers sent to the President for signing into law changing Article 1, Sections 2 & 3 concerning impeachment a former President when he is no longer in office.

I used Nixon as an example of a president who resigned when threatened with Articles of Impeachment.

The act of impeaching a president is akin to accusing the president of wrongdoing but it is the conviction of the president that would remove him from office. It is a separate vote after conviction that could bar him from holding office again. Impeaching Trump at the end of his term is like calling a fight after the final bell has rung and saying “YOU’RE OUT!” – I am the Real Truckmaster!

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