Donald Trump speaking with supporters at a campaign rally. Photo by Gage Skidmore.

Trump Doesn’t Understand the Constitution, Part 2,384

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Impeachment simply doesn’t work that way.

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article 1 Section 2 of the Constitution of the United States

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.

Article 1 Section 3 of the Constitution of the United States

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Article 2 Section 4 of the Constitution of the United States

“High crimes and misdemeanors” along with the phrase “sole Power of Impeachment” has been accepted by most legal scholars, courts, and other constitutional experts, and historians, to mean that the House of Representatives has the sole ability to decide what is an impeachable offence. This has been the historic benchmark used in all impeachments of Federal Officers throughout the History of the United States.

There have been a total of 19 Federal Officers brought up on impeachment charges. Of those, 2 were Presidents; Andrew Johnson for firing the Secretary of War, and Bill Clinton for perjury and obstruction of justice. (President Richard Nixon was never formally charged before he resigned from office)

At 2:55 (cued up) in the video below Trump talks to Fox and Friends about impeaching President Obama for Obamacare and the DACA Executive Order, saying they are unconstitutional. Trump also weighs in on shutting down the government and then diverts to rambling about Mexico.

Thoughts

Nancy Pelosi is Hedging her bets to keep Trump in Office till 2020. She thinks the Democrats can rally the #NeverTrump movement one more time against Trump to lead them to a Presidential Victory, cashing in on a phenomenon that gave the Democrats a landslide victory of 40 House seats in 2018.

Donald Trump has no idea what he’s talking about. Most who are defending him on the grounds that there is nothing to impeach him on are bereft of historical fact and precedent.

The truth is, Congress decides what is an impeachable offence. Period. It’s a purely political remedy to remove a President from office. It has nothing to do with actual criminal prosecution, because Congress doesn’t have the power to prosecute, only refer people for prosecution to the DOJ.

Congress’ main checks on the President, is the power to override a veto with 2/3rds a majority vote and the power to remove or censure a President through impeachment proceedings.