{"id":1995,"date":"2019-12-20T18:39:06","date_gmt":"2019-12-20T22:39:06","guid":{"rendered":"http:\/\/stateofthenation.co\/?p=1995"},"modified":"2019-12-20T18:39:06","modified_gmt":"2019-12-20T22:39:06","slug":"theres-no-impeachment-until-the-articles-of-impeachment-are-submitted-by-the-house-to-the-senate","status":"publish","type":"post","link":"http:\/\/stateofthenation.co\/?p=1995","title":{"rendered":"There’s no impeachment until the articles of impeachment are submitted by the House to the Senate!"},"content":{"rendered":"

House-Senate Impeachment Impasse Would Mean Trump Wasn’t Impeached At All: Harvard Law Prof<\/h1>\n

ZeroHedge.com<\/p>\n

While Nancy Pelosi\u00a0threatens to withhold<\/a>\u00a0articles of impeachment passed Wednesday night by the House, Harvard Law Professor Noah Feldman\u00a0<\/em>says that\u00a0President Trump isn’t technically impeached until<\/strong>\u00a0the House actually transmits the articles to the Senate.<\/strong><\/p>\n

\"\"<\/picture><\/a><\/p>\n

Feldman, who testified in front of the House Judiciary Committee’s impeachment proceedings earlier this month, argues in a\u00a0Bloomberg<\/em><\/a>\u00a0Op-Ed that the framers’ definition of impeachment “assumed that impeachment was a process, not just a House vote,” and that “Strictly speaking, “impeachment” occurred \u2013 and occurs — when the articles of impeachment are presented to the Senate for trial. And at that point, the Senate is obliged by the Constitution to hold a trial<\/strong>.”<\/p>\n

If the House does not communicate its impeachment to the Senate, it hasn\u2019t actually impeached the president<\/strong>. If the articles are not transmitted, Trump could legitimately say that he wasn\u2019t truly impeached at all.<\/p>\n

That\u2019s because \u201cimpeachment\u201d under the Constitution means the House sending its approved articles of to the Senate, with House managers standing up in the Senate and saying the president is impeached.<\/p>\n

As for the headlines we saw after the House vote saying, \u201cTRUMP IMPEACHED,\u201d\u00a0those are a media shorthand, not a technically correct legal statement<\/strong>. So far,\u00a0the House has voted to impeach (future tense) Trump. He isn\u2019t impeached (past tense) until the articles go to the Senate and the House members deliver the message<\/strong>. -Noah Feldman<\/p><\/blockquote>\n

Pelosi, meanwhile, won’t transmit the articles until the Senate holds what she considers a “fair” trial.<\/p>\n

Roughly modeled after England’s impeachment procedures, the framers in Article I of the constitution gave the House “the sole power of impeachment,” while giving the Senate “the sole power to try all impeachments.”<\/p>\n

Article II outlines says the president “shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high Crimes and Misdemeanors.”<\/p>\n

There’s more:<\/p>\n

But\u00a0we can say with some confidence that only the Senate is empowered to judge the fairness of its own trial<\/strong>\u00a0\u2013 that\u2019s what the \u201csole power to try all impeachments\u201d means.<\/p>\n

If the House votes to \u201cimpeach\u201d but doesn\u2019t send the articles to the Senate or send impeachment managers there to carry its message, it hasn\u2019t directly violated the text of the Constitution. But\u00a0the House would be acting against the implicit logic of the Constitution\u2019s description of impeachment.<\/strong><\/p>\n

A president who has been genuinely impeached must constitutionally have the opportunity to defend himself before the Senate<\/strong><\/u>. That\u2019s built into the constitutional logic of impeachment, which demands a trial before removal.<\/p>\n

To be sure,\u00a0if the House just never sends its articles of impeachment to the Senate, there can be no trial there<\/strong>. That\u2019s what the \u201csole power to impeach\u201d means.<\/p><\/blockquote>\n

In closing, Feldman says “if the House never sends the articles, then Trump could say with strong justification that he was never actually impeached<\/strong>,” adding “And that\u2019s probably not the message Congressional Democrats are hoping to send.”<\/p>\n

___
\nhttps:\/\/www.zerohedge.com\/political\/house-senate-impeachment-impasse-would-mean-trump-wasnt-impeached-all-harvard-law-prof<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

House-Senate Impeachment Impasse Would Mean Trump Wasn’t Impeached At All: Harvard Law Prof<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1995","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts\/1995","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1995"}],"version-history":[{"count":0,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts\/1995\/revisions"}],"wp:attachment":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1995"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1995"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1995"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}