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Celerity

(43,299 posts)
38. but that Congressional Research Service Report contradicts that, it says removal is mandatory
Thu Aug 22, 2019, 05:11 AM
Aug 2019
https://fas.org/sgp/crs/misc/R44260.pdf

Should a conviction occur, the Senate retains limited authority to determine the appropriate
punishment. Under the Constitution, the penalty for conviction on an impeachable offense is
limited to either removal from office, or removal and prohibition against holding any future
offices of “honor, Trust or Profit under the United States.” Although removal from office would
appear to flow automatically from conviction on an article of impeachment, a separate vote is
necessary should the Senate deem it appropriate to disqualify the individual convicted from
holding future federal offices of public trust. Approval of such a measure requires only the
support of a simple majority.


Key Takeaways of This Report

The Constitution gives Congress the authority to impeach and remove the
President, Vice President, and other federal “civil officers” upon a determination
that such officers have engaged in treason, bribery, or other high crimes and
misdemeanors.

A simple majority of the House is necessary to approve articles of impeachment.

If the Senate, by vote of a two-thirds majority, convicts the official on any article
of impeachment, the result is removal from office and, at the Senate’s discretion,
disqualification from holding future office.




THAT

seems at loggerheads with the Constitution itself:

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:


in 2 ways

1

I see NOTHING that separates removal and then barring as requiring two separate votes (and certainly nothing saying only a simple majority is needed for barring)

and

2

I totally see your point about the exact Constitutional language not MANDATING even removal

That report seems to really play fast and loose with the entire thing

you now have me very worried that even a conviction might not remove the fucker

our founding fathers REALLY fucked us in so many ways IMHO

the Senate itself, with its mandate 2 seats per state, regardless of size, was/is a long-wave timebomb for instance (as population drift can render a small percentage of the population holding the whip hand over the vast majority, which IS happening right before our eyes)

and the shitty fucking vague language in the 2nd Amendment is another

I am so glad I hold multiple citizenships and the means to live where I choose to

I do not like this overall direction we are headed toward AT ALL

A Rump re-election has the distinct possibility of leading to the breakup of the union within the next two decades IF he then stacks the SCOTUS to 7-2 or even 8-1 hardcore RW (8-1 if Sotomayor's chronic and worsening diabetes does her in). The Red States will push cases up to it that will roll back most all of post-Brown v Board hard won civil rights (and may take out Brown v Board itself.)

The most Blue of the Blue states will never submit to theocratical tyranny for a federal government. They will, by the 2030's be pushing to break away IF the feds try to enforce the crazy new anti-human laws and rulings that would flow out.

There is no way the RW will settle for a states rights-only devolution for issues like abortion and LGBTQ rights. They will try and outlaw thsoe things nationally.

The Senate, by 2030 to 2035 will have 70% of the seats controlled by only 30% of the population, and that 30% is far whiter, older, more fundie, poorer, more racist, less educated, and more reactionary RW than the 70%.

The only way to temporary stave that off is to add PR and DC as states and perhaps split California into 2 states, thus giving us 6 new Democratic Senators. GOOD LUCK getting that to happen.

The same dynamics are fucking us in the Electoral College (and also voting power in the House itself) when it comes to electing the POTUS and even passing legislation. Because the House number of Representatives has not been really changed since 1913, there are just not enough EV's to fairly distribute in today's vastly increased population, so a person in Wyoming's POTUS vote is soon going to be 4 times as powerful as a California voter's. The US Constitution gives the tiniest states far too much power overall. The best way to sort the EC and the House itself is to vastly increase the number of Reps, say to 1201 (has to be an odd number, so no tie votes) and then distribute the seats (and thus the EV's) far more equitably.

All that takes is an Act of Congress. We need to do that as SOON as we grab both chambers and the POTUS. We may not get another shot again for years, if ever.

Adding the new States will be much harder I fear.

Fuck Trump, fuck ALL Republicans

rant off



Since he's a pathological opportunist, if he loses, I could see him resigning in time for a pardon Siwsan Aug 2019 #1
He'll go full scorched earth. We must all understand this is the only path for him. Claritie Pixie Aug 2019 #13
Not really. not_the_one Aug 2019 #31
+1, "Are you going after Trump after you win?" should be asked of all democratic prez candidates uponit7771 Aug 2019 #39
And then NY state indicts him lame54 Aug 2019 #2
I would DONATE to NY state bluestarone Aug 2019 #8
That would only happen if he loses the election unless he fears a blowout loss (Dem w/ 400+ EVs). LonePirate Aug 2019 #3
+1, uponit7771 Aug 2019 #26
Well, his mental decompensation can not be less than obvious to aids and those in his own party... hlthe2b Aug 2019 #4
Nikki Haley is just another insane collection of skin bone and muscle.. pangaia Aug 2019 #21
Maybe that's why he's lighting a fire under NASA's ass for extraplantary travel. NightWatcher Aug 2019 #5
I'm so fine with him riding Ilsa Aug 2019 #42
I wouldnt put it past him that he has an escape plan onetexan Aug 2019 #6
NY STate Will Get Him Me. Aug 2019 #7
THAT bluestarone Aug 2019 #10
Yes, BUT aeromanKC Aug 2019 #9
And She Is Fierce Me. Aug 2019 #24
Gotta love it!! aeromanKC Aug 2019 #25
I've often considered that he would step down and hand off to Pence in exchange for a pardon if he.. LincolnRossiter Aug 2019 #11
That would be the mother of all coups Blue Owl Aug 2019 #12
I am of the opinion that he is such a narcissist and so delusional PoindexterOglethorpe Aug 2019 #14
I agree. Dyedinthewoolliberal Aug 2019 #18
At this point, I would have to agree, but everything is so whacked out right now. yonder Aug 2019 #27
I don't know about everyone else... Newest Reality Aug 2019 #15
Oh man i agree 1000% but bluestarone Aug 2019 #17
Yes, he certainly would. Newest Reality Aug 2019 #19
Pence does not command the loyalty of the deplorables. LonePirate Aug 2019 #28
Of course he is just as, (if not more) scary than Trump pangaia Aug 2019 #22
I might add that... Newest Reality Aug 2019 #23
Ignore them. We need to focus on maximizing our vote. Blue_true Aug 2019 #16
I could see Trump resigning after he loses & being pardoned by Pence elocs Aug 2019 #20
Makes their heads explode. keithbvadu2 Aug 2019 #29
These fkn people are batshit crazy!! bluestarone Aug 2019 #30
Shows how little they understand.... lastlib Aug 2019 #32
2 things. 1 that meme is wrong because impeachment without conviction doesnt remove him Celerity Aug 2019 #33
2 points ... Hermit-The-Prog Aug 2019 #35
So the Senate could convict but not even remove from office? It sure doesn't' look like that to me. Celerity Aug 2019 #36
the plain language says they could Hermit-The-Prog Aug 2019 #37
but that Congressional Research Service Report contradicts that, it says removal is mandatory Celerity Aug 2019 #38
No. His hubris alone will not allow this. NCLefty Aug 2019 #34
But but but malaise Aug 2019 #40
Absolutely not... brooklynite Aug 2019 #41
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