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Punditry & Prose

Impeach?  Is it Political?

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Image by Wynn Pointaux from Pixabay

 

Is impeachment a political process, or is it a legal proceeding?  This is not solely an academic question.  At this moment in our Nation’s history, how we answer this question is pivotal to our future. Why?

It is pivotal because our current House of Representatives is engaged in an impeachment action against the current President.  House leadership has mischaracterized these proceedings as purely a political process.  Having done so, they claim no obligation to adhere to the rule of law.  This is the cornerstone of their “rules” for conducting the ongoing impeachment.

But, is impeachment a political process?  How did House leadership arrive at that conclusion?  I shall leave it to the House to reveal its source for its “political process” claim.

The second question – is impeachment a legal proceeding – is not at all difficult to answer.

Let’s trace its source.  “This Constitution … shall be the supreme Law of the Land…”  This (Article. VI.) establishes that our Constitution is law.  Our Constitution is law!

Within that LAW (preceding Article VI) there are three specific references to impeachment These include:

* “The House of Representatives shall have the sole power of impeachment.”

* “The Senate shall have the sole power to try all Impeachments.”

* “The President … shall be removed from Office … on impeachment for and conviction of….”

This is what House Democrats wish our Nation to ignore.  Impeachment is Law!  It is not a political process.

Given that fact, the present impeachment action must adhere to that law.   When an impeachment does not adhere to that law, the impeachment is unlawful.

Hence, the Senate (Upper Chamber) has the obligation to issue the House a cease and desist order (stop illegal activity).   In the absence of such a cease and desist order, the Senate itself becomes an agent in an illegal activity.

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