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Of late there have been several cordial debate disagreements on the Washington Journal Twitter timeline about specific interlocking sections of the United States Constitution that govern the execution of the Impeachment process as it relates to Donald Trump, the President of the United States.
This article will settle the debate with documented evidence. Sadly, some Democrats have been led astray by their refusal to read the relevant sections, let alone internalize the importance of applying the interlocking Constitutional sections including the requisite and official House of Representatives rules that must be applied to actually effect an Impeachment as officially “adopted”.
The overriding interlock within the United States Constitution is Article I, Section 5 discussed below. Article I, Section 5 triggers mandatory actions before the House of Representatives Impeachment process can be considered complete.
Constitutional experts have documented in recent interviews that “If the House does not communicate its impeachment to the Senate, it hasn’t actually impeached the President. If the articles are not transmitted, Trump could legitimately say that he wasn’t truly impeached at all”
This is the stated position of the learned and articulate Harvard Law Professor Noah Feldman, among others.
Citizens will recall that Professor Feldman testified for the House Democrats in front of Representative Jerry Nadler’s Judiciary Committee in December 2019.
Setting aside Professor Feldman’s opinion for a moment, many Democrats, including Speaker Pelosi, are drawing the incorrect conclusions from Article I, Section 2.
The exact text is as documented below.
“The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment”
However, Article I, Section 5 of the very same United States Constitution clearly states “Each House may determine the Rules of its Proceedings”. This leads honest people to conduct an examination, in a thoughtful manner, of the official Standing Rules of the House of Representatives with regard to Impeachment requirement(s) that must be entirely fulfilled by the House of Representatives before an Impeachment can be considered valid.
Getting back to Professor Feldman, he made it absolutely clear subsequent to his testimony to Representative Jerry Nadler’s committee, “Impeachment as contemplated by the Constitution does not consist merely of the vote by the House, but of the process of sending the articles to the Senate for trial,” “Both parts are necessary to make an impeachment under the Constitution: The House must actually send the articles and send managers to the Senate” Feldman wrote.
These facts are clearly documented in the official Standing Rules of The House of Representatives regarding Impeachment, also known as Jefferson’s Manual of Parliamentary Practice, Importance of adhering to rules. The rules regarding mandatory delivery of the Articles of Impeachment and appointment of House (Impeachment) Managers are clear as a bell. Specific references to the process as it applied to William Jefferson Clinton are quoted below. These remain the rules for completing the Impeachment process in the House of Representatives before they may be considered officially “adopted”.
Section 607 of the Standing Rules of the House of Representatives requires “electing managers to present the articles before the Senate, notifying the Senate of the adoption of articles and election of managers, and authorizing the managers to prepare for and to conduct the trial in the Senate”
Section 608a of the Standing Rules of the House of Representatives is also quite clear. Subsequent to half the process being completed, the actual vote for Impeachment against President Trump, “Under an order of the Senate, the Secretary of the Senate informed the House and the Chief Justice that it was ready to receive the House managers for the purpose of exhibiting articles of impeachment against President Clinton (Jan. 6, 1999, p. 37). At the appointed hour the House managers were announced and escorted into the Senate chamber by the Senate Sergeant-at-Arms” to present the Articles of Impeachment, the second half of the process required under the Constitution pursuant to the interlocking sections of the Constitution documented above with regard to the Standing Rules of the House of Representatives.
As herein documented, the abject failure of Speaker Pelosi to name and abide by the “appointed time” to present the House (Impeachment) Managers to the Senate, the Impeachment Process, as required under the Standing Rules of the House of Representatives, has not been completed, meaning there has been no Impeachment process fully executed. This results in the documented fact that NO Impeachment process has occurred, nor been completed due only to the negligent and belligerent behavior of Speaker Pelosi.
Impeachment May Be Moot:
Speaker Pelosi’s attempt to blackmail the Senate has failed as Senator Mitch McConnell has made absolutely clear; “There will be no haggling with the House over Senate procedure. We will not cede our authority to try this impeachment. The House Democrats’ turn is over. The Senate has made its decision. This is for the Senate, and the Senate only, to decide”.
Leader McConnell has also recently stated that he has the votes in the Senate to dismiss the Impeachment Hoax due to “They (House Democrats) should not disdain our Constitution by rushing through a purely partisan impeachment process and then toying around with it”.
As such, the Impeachment is null and void since Speaker Pelosi failed to complete the process and officially adopt the Articles of Impeachment by sending them to the Senate. By acting as if she is immune to the Standing Rules of the House of Representatives, and despite the Speaker having been warned by many of her own colleagues to do so immediately, Ms Pelsosi has become a laughing stock in Congress.
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Thank you.
Best Regards,
Kenn
