Supreme Court Ruling Knocks Down Pelosi’s Impeachment Demands

“…The Framers did not intend to impose additional limitations on the form of the Senate proceedings,” the Supreme Court stated in Nixon v. United States

(Infowars) – The Supreme Court has already pointed out that the Constitution doesn’t require the “additional procedural requirements” that House Speaker Nancy Pelosi is apparently demanding from the Senate before it tries the impeachment of President Trump.

Pelosi (D-Calif.) has stated that she intends to withhold the articles of impeachment from the Senate until the upper chamber agrees to terms she has set forth.

But in the 1993 ruling Nixon v. United States, the Court ruled that “additional procedural requirements” on the Senate are “inconsistent with the three express limitations” that the Constitution has set on the Senate for trying impeachments in its associated Clause.

In other words, they aren’t required by the Constitution.

Despite the case’s name, the 1993 ruling doesn’t have anything to do with the impeachment of Richard Nixon but revolved around the impeachment of US District Court Chief Judge Walter Nixon, who refused to resign after being convicted of perjury charges.

Nixon had suggested that because a Senate committee – and not the full Senate – had received the evidence, which was then reported to the full Senate, the impeachment was unconstitutional.

In response, the Supreme Court said the Constitution gave broad discretion to the Senate in how it handled impeachments, pointing out that the Constitution imposed no such requirements on the Senate.

The court even refrained from reviewing Nixon’s impeachment due to this discretion afforded to the Senate, another branch of government, as part of the separation of powers.

…The existence of the three very specific requirements that the Clause’s second and third sentences do impose – that the Senate’s Members must be under oath or affirmation, that a two-thirds vote is required to convict, and that the Chief Justice presides when the President is tried – the precise nature of which suggests that the Framers did not intend to impose additional limitations on the form of the Senate proceedings.

The Clause’s first sentence must instead be read as a grant of authority to the Senate to determine whether an individual should be acquitted or convicted, and the commonsense and dictionary meanings of the word “sole” indicate that this authority is reposed in the Senate alone.

…Requiring impeachment only by the full Senate is unnatural, and would impose on the Senate additional procedural requirements that would be inconsistent with the three express limitations that the Clause sets out.

Thus it can also be argued that Pelosi is in no position to dictate terms with the Senate before sending over articles of impeachment because the Constitution imposes no such requirement outside of the three limitations the Constitution does enforce on the Senate.

And it can be argued that the Senate is free to take up the case once the House vote is officially recorded.

This argument is also bolstered by the Constitution stating that the “Senate shall have the sole Power to try all Impeachments,” suggesting that Pelosi has no say in the matter as House Speaker because the Senate has broad discretion:

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.

infowars.com/supreme-court-ruling-knocks-down-pelosis-impeachment-demands/

34 COMMENTS

  1. It appears to me the DemoRats speaks of the rule of law but none of them were utilized in the House Impeachment hearings, also these new witnesses had plenty of time to be heard, again, in the house! The rules of Impeachment in the Senate have been well established beforehand and reestablished in 1993, but her request was to upstage these Senate proceedings which hopefully will utilize their scope of discovery to unveil all the truths from 2014 to the present! We seem to conveniently forget that Pelosi’s family has skin in this Ukrainian Gas for Cash game!

  2. we all witnessed how the Russian president is dictating to have Americans to allow president Trump to rule like a dictator like him self. What are we preaching freedom for?All i know is that Americans have put God at the back seat and THE PROPHECY is being fufilled in our life time. God forbid that Americans are sent into exile like the Isrealites, we should see the hand writing on the WALL and see where we are heading to. if this kind of governorship is no checked ASAP. God bless America.

  3. Oh sure this is why the republicans don’t want to here any witnesses. There afraid of the truth. I could c are less what Clinton did he is not the president and neither is Obama boy. He then consulted with a Foreign power to spy on an American citizen, that is collusion IN THE WORST FORM. in case you don’t know it’s working with your enemies to spy on your own people. TRUMP obstructed justice. There are wittiness to this fact. YES! he must be Impeached, This IS to holed him accountable, for subverting our CONSTITUTION, AND FOR OBSTRUCTION OF JUSTICE. I took the same oath and if I were to come it this act of treason they would have hung me or shot me, and Yes! everyone who enters the service too ones country is here buy,investigated before they even take that oath of office.. and in so meany years the do it all over again. SO THIS IS NOT NEW! Especially if some one passed word down that some thing was going on in Trumps campaign that did sound legal.I have a copy of the CONSTITUTION, IF YOU DON’T LIKE IT YOU CAN TEAR IT UP! because this is what you,and others are attempting to do.

  4. Folks, the three coequal branches of government are the Executive, the legislative (Senate and House) and the Judiciary. That is it.

  5. Those who believe will be set free in the end.
    To all of you who had responded above, I say, don’t worry, be happy. We are on the right side of history and 2020 will be the year of the boomerang. Justice will be served and the truth will set us all free. MAGA; KAGA.

  6. This article is obfuscation. Pelosi doesn’t deny that the Senate has the authority to sets the rules. She’s simply trying to negotiate with the Senate, and there’s no law against that. Quoting a Supreme Court finding on a situation that doesn’t relate is merely a distraction. The Teaparty writers should be able to do better than that.

    Even MsNBC was clearer about what’s going on. Pelosi is not making a legal challenge to the Senate’s authority. She’s just trying to bargain. That happens all the time in Congress. She may not be able to get McConnell to budge. But negotiations often fail to get the sought after results. Look at President Trump’s efforts to stop N. Korea from firing missiles.

    My guess is that McConnell may compromise with Pelosi because a few Republican Senators actually favor having witnesses. Rather than be embarrassed by defections, McConnell–who is smart and shrewd–may make a deal with Pelosi. He’s got little to lose because like the rest of us, he knows how the trial will end. Calling a few witnesses will not change the outcome.

    Now let’s hope that Teaparty.org can provide us with more thoughtful analyses of how the Pelosi and McConnell conflict will be resolved.

    • “to set the rules.” I wish this blog permitted making edits. I’ll just need to proofread more carefully.

    • yeah ok sheep, you liberals could twist a handforged 10inch piece of iron rod to make it look like a piece of straw in order to fit your unconstitutional narrative. All of you disgust me, this blatant abuse of power and attempted coup by schiff, nadler and pelosi has surpassed treason and criminal all of them should have been cuffed and removed awaiting trial . This communist court their attempting DOES NOT BELONG IN AMERICA!! They are the government our Founders warned about

    • Nancy, Schiff and Nadler never worked with our president. She is showing the power of the gavel as stated in her own words. She was given all the leeway she wanted in the house. Your argument holds no water. She needs to stay out of the Senate. Turn over the Articles of Impeachment and let the Senate do its job. I don’t care if you think the outcome is predetermined. It was on the Democrats side.

    • Pelosi is in no position to dictate terms with the Senate ! So what ‘rules’ are there? to call witnessess? Republicdans hollered to allow witnessess to hearings, and were Gavel Bang Bangkocked not admissible! No Not I will not allow..!. and now they want to play ‘fair’ ? They had their time in their House with their rules / terms! Now it’s time for Repub to have their time in their House with their rules. Fair is Fair!

    • See my note. This isn’t a Constitutional issue. Pelosi is trying to bargain with McConnell. She’s playing a weak hand, but it’s all legal. She’s not saying that the Constitution requires that the Senate call witnesses. She’s just arguing that the trial would be fairer IF the Senate does so, and she’s using a delaying tactic to see if she can get McConnell to compromise on this. Probably he won’t, but her trying isn’t a crime. It’s the way Congress works. You cannot find anything in the Constitution that says what she’s doing is illegal.

  7. Trump is guilty of fracturing the Constitution and has broken law, where by he
    CLOUTED WITH A FOREIGN NATION AGAINST ONE OF OUR OWN AMERICANS CITIZENS, and subverted our constitution of our nation. For that along he should be shot for treason against the American people, Then the obstruction of justice charge,
    I can only say I say two bullet’s one for each offence.

    • you are an idiot and know nothing about Constitutional Law. When you learn a few more things you will also realize your dumb ass threatened the President of th United States. You probably should be looking over your shoulder now.

    • Maybe if you knew the law you would realize, a treaty Clinton made with the Ukraine gave this president that authority. Second show the proof of the actual crime committed by the president. No one in this country has seen actual proof. Innocent until proven guilty unless your a Democrat, then you’ll decide who is innocent or guilty.

  8. Pelosi, Adam Schiff for brains and the rest of the Democrats are IDIOTS they should be removed from office and put in prison ! How STUPID can the leaders of this country be ? As for Hillary Clinton, Obama and his administration all of them should’ve been in prison a long time ago. The people of this country that voted for these Dumb asses should have their citizenship taken away and be thrown out of this country because they’re just as STUPID ! If I offended anyone it’s just too bad you know what you can do with your P.C. !

    • Has she claimed to be God or done anything Godlike? She’s just doing politics, like McConnell. She’s making a request. She’s negotiating. That’s all entirely normal in Congress. Certainly it’s as legal as when McConnell refused to bring up Obama’s Supreme Court nomination–even though usually such nominations are brought up right away. McConnell played politics. That’s what Pelosi is doing. She might lose–get no compromise–but still, it’s entirely legal and probably smart.

      Remember, McConnell declared that he won’t be an impartial juror even though the oath he’ll take requires him to be impartial. That word is in the oath! So it’s not surprising that Pelosi is trying to arrange things that–from her perspective–would lead to a fair trial.

  9. I am sorry but we need to change rules on who gets to vote in this country. Anyone that voted for Pelosi has no business voting

  10. Poor Pelosi she thinks she is the big wig of all and rules the roast has just had her comeuppance! She has been there to long and needs to go! She and all her democrates who are trying to change this country into a socialist nation! That goes for most of the sick media like the VIEW, CNN, MSMBC and others that think we, the public, doesn’t see how much better this country is since TRUMP was elected. The OBama, Clint era was taking this country down lowering the the military might and our medical functions as well as the economy and filling their pockets as well! Note how many mansions Obama now owns.
    Trump is making this country back again to the best in the world. Folks let’s get rid of those long term congressmen who are slowly turning this country into an illegal haven at our expense. Now their even giving them licenses as they can vote in the next election. Let’s make it known or legal citizens of this country can vote!

  11. It is apparent how out of touch the left TDS looser’s are. Bitter Pill-0si ya later’s crew of Adam Bull Schiff’s lying corrupt crime mafisioso crude elected thug Klan has abused the President, the 63 million voter’s who made our voice’s heard.

    When will there be a revoking measure to remove immunity for these never ending liar’s in the People’s Congress? Forget expecting them to be the moral leaders.

    The likes of pigs making their threat’s day after day to impeach and use their vulgar pig mouth’s to say whatever they want with no fear of reprisal is out of control.

    What America must do is demand a Constitutional Convention and write in Amendments that mandate dignity and responsibility for the words & power they have so abused.

    Maybe a clause that these foul mouth thugs bear responsibility for the costs of the abusive fraudulent waste of the Tax Payer money they think is theirs to do what ever they want.

    The time to make a total change in Congressional Fraud by a spoiled bunch of corrupt thugs must b e addressed. Enough of dirty deplorable corruption.

    Make sure penalties are invoked at places like Gitmo, Leavenworth and Colorado’s SuperMax Facility are enforced for their high crimes and demeaning obstruction.

    The Klan of pigs led by Madame Bitter Pill-0si, Adam Bull Schiff, Portly Madd Man Nadler & NY’s far from Prime, aka: NY Beef Jerky Chuck Schumer deserve a Constitutional Amendment re-write that will shut them up and clean up Congress.

  12. Pelosi believe because she is third in line (which is BS because the house speaker is not the third most powerful) that she is better than all and her words should stand. Sound like another resolution/amendment need to fix this problem. Not that’s a god like personality. This need to be stop for ALL house speakers.

  13. I completely agree with you! Pelosi and the rest of the far left have tried every thing they could possibly do, along with their lieing media, of making up lie after lie about our POTUS to try and get him out of office for turning their plans of controlling us around and exposing them and starting to make the people aware of all the illegal things they have been doing in DC to create wealth and power for themselves and to try and make We The People dependent on the gov. so they can have control over us and trying everything in their power to take our arms away from us so they can control us when ever they decide to! As Hitler once said, ” In order to take control of a nation you must first disarm them!” And they use evry lie in the book every day with every shooting that takes place to try and get the people to think they need to take away all our percussion weapons, that that would be better for us all! I reallity it is better for them only to be able to control us with the military when they decide to! They want total power over us and are all about a one world gov.. Far left have to be stopped trying to take our freedoms, rights, liberty away from us! It is Treason in my books and they have to be stopped and charges brought against them all that have used their positions to get wealthy illegally and to stay in office because of that and to try and get the government in complete control of us! Trump is not perfect and has made some mistakes, but he is the most honest POTUS we have had in an awful long time and has a big job trying to turn around all the stupid laws and legislation that has been passed that hurts We The People and our Rights and Liberty! Our POTUS has also got into the FDA and is changing it to where big pharma and their lies about their so called medications are bunk and just money for them and does nothing but hurt us allowing natural cures that are cheap and work in curing disease in everyone that makes big pharma (who has lots of money to bribe the politicians to do what they want them to do in order to sell their lies about their medicines to the public. Big pharma is on their way out finally in the near future! Trump still has an up hill battle to do, but is the only pres, that has tried to undo the wrongs of big gov. and turn the power of the gov. back to the people instead of taking more power away from the people and giving it the gov.. There is only one government in the world that will last forever and work and that is a Republic! What we once were! But ever since FDR started us down the path of democracy we the people have been gradually been losing control of the gov and they keep getting more powerful over us! A democracy believes in big gov. and the problem with that is that it always keeps getting bigger! and bigger till we the people can not afford it anymore, which has been the case for some time now getting worse all the time! If gov. was not to big we would not have the unpaid debt that we have now that keeps getting bigger. We have to borrow at least half the money to support the gov. every year and never pay any back! We can not even afford the interest on all our loans for running gov. anymore!!! Trump should have showed up long ago because i am sure there are things that need to be done to get us back to a republic and out of debt that are not capable of being done anymore without it hurting the people that have become dependent on it for all their needs! I am afraid it will take a civil war to get things back to normal and take control of the nation and put it back in the peoples hands and take control away from the far left gov that are still in office now and the so called republicans that are fake and vote for bigger gov all the time!

    • A Republic will always last because it is run by the people and does not get bigger than it can afford to get! When Nixon took our gold standard away from our money and created fiat money the American dream started disappearing then! Ever since then wages have gone stagnant and causing the middle class to disappear and the rich keep getting richer while we get poorer! They want to implement Crypto money, but that is just another way to have control over us and take more freedoms away from us and to make the gov more powerful over us! WAKE UP AMERICA!!! We have to take our nation back from the far left and carrier politicians before they own us and to keep the universities from brain washing our youth to the far left way of thinking! We have to put value behind our money again and become a Republic again or we all face becoming slaves to the rich of the world!!!

  14. 1. Is the Chief Justice also required or obligated to take the oath or affirmation, in the Senate impeachment proceedings? 2. Can the House issue subpoena’s for witnesses to be compelled to testify during the Senate trial now? 3. Is there any emergency process in the Consitution that allows any other resolution for full impeachment the framers did not consider?

  15. Pelosi needs to either get her party focused and working on the important things to the American people or nominate someone as leader who will. A year from now we won’t have to worry about it but there is so much more that could be done if she would just do her job over the next few months.

  16. So glad Ms Pelosi can take a seat now!

    “And it can be argued that the Senate is free to take up the case once the House vote is officially recorded.”
    Does this mean the House can hold officially recording their case? To stall the Senate now? If so , I think there should be a short time limit to that instead of holding up the work they are called to do for the people they serve.
    AND……I wish someone would call them out on saying we are doing this for the American people…..that’s a lie, an assumption and I dont appreciate being lumped into their lies! They need to cease with their assumptions that even suggest they are talking of their own party when they dont even all agree they are doing this for the American people!

    • From what I understand, the Article(s) of impeachment are to be sent to the Senate in an expedient manner. That could mean whatever any one person wants it to mean. Yet another gray area of the Constitution requiring SCOTUS to rule.

  17. San Fran Nan is NOT as knowledgeable about the Constitution as she would like everyone to believe she is. What she may have already done is to consign the Democrat Party to a form of political purgatory from which there is no redemption! Can’t really say that hurts my feelings any…

  18. The house can take any votes it wishes. Unless they transmit the charges to the senate there is no impeachment period. It is part of the process of impeachment.

  19. NASTY NANCY, SHIFTY SCHIFF, OR DROOLING NADLER Have no input into how the Senate conducts its trial and the court has just ruled on that, Pelosi does not seem to understand that is why we have three equal branches of government, With no one branch having complete power over the other.
    Someone on her staff should explain that to her or she should consult an attorney that has actually read the Constitution, It is obvious Nancy has never read it or even has a simple understanding. In her case it would have to be a simple understanding she is not capable of understanding complicated issues.

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