Is impeachment trial unconstitutional?
By Star-Ledger Guest Columnist
By Ian J. Drake
... the language of the Constitution and the history of impeachment ultimately suggest the trial can - and should - proceed ...
... the anti-trial side .. points to .. Madison’s statements in Federalist No. 39, wherein he contended that the president “is impeachable at any time during his continuance in office.”
... Madison was distinguishing the proposed federal constitution from some state constitutions that only allowed impeachment once the official was “out of office,” as well as some that lacked any “explicit provision” for impeachment of the executive. Second .. Madison referred to “impeachment” while still in office, not trial for impeachment. ... Trump .. was still in office when .. impeached ...
... the express language of the Constitution .. supports the pro-trial side: Article I, Section 3, Clause 6 provides that the Senate has the “sole Power to try all Impeachments.” The “all” language has no qualification and Trump was validly impeached while still in office. Therefore, the text itself implicitly allows for a Senate trial of any valid impeachment by the House, regardless of when the trial happens ...
https://www.nj.com/opinion/2021/02/is-trumps-impeachment-trial-unconstitutional-an-expert-weighs-in-opinion.html
= new reply since forum marked as read
... constitutional. If it wasn't, it would not be happening.
