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mrsadm

(1,198 posts)
Fri Feb 12, 2021, 09:24 PM Feb 2021

Will Rep. senators vote to acquit based on unconstitutional view

of the impeachment trial? Can they be prohibited from voting at all (abstain)?

I feel if they think the whole process is invalid, they should not be allowed a vote.

This may be naive but I am interested in your ideas.

8 replies = new reply since forum marked as read
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Will Rep. senators vote to acquit based on unconstitutional view (Original Post) mrsadm Feb 2021 OP
They will acquit because tomorrow is Saturday. 50 Shades Of Blue Feb 2021 #1
They will acquit because bamagal62 Feb 2021 #2
They don't need a reason. The Velveteen Ocelot Feb 2021 #3
They will acquit because the republickers have their lips pressed on Trump's butt cheeks. muntrv Feb 2021 #4
I always thought the Judicial Branch decided constitutional questions... JustFiveMoreMinutes Feb 2021 #5
The courts decide constitutional questions when they arise in litigation, The Velveteen Ocelot Feb 2021 #8
Partially. Mostly because they are cowards Siwsan Feb 2021 #6
They will vote to acquit because they are chicken spit. overleft Feb 2021 #7

JustFiveMoreMinutes

(2,133 posts)
5. I always thought the Judicial Branch decided constitutional questions...
Fri Feb 12, 2021, 09:28 PM
Feb 2021

... now I guess the Senate can just 'vote' on it.

The Velveteen Ocelot

(115,899 posts)
8. The courts decide constitutional questions when they arise in litigation,
Fri Feb 12, 2021, 09:58 PM
Feb 2021

which is almost always when they come up. But Congress has exclusive jurisdiction over impeachment, which is essentially a political matter, and the Supreme Court avoids political questions like the plague. Hypothetically, maybe the Senate could have certified the question to the Supreme Court, as lower courts can do, but even if that had been possible procedurally the Supremes might still refuse to decide the question because it's political and because it's within Congress' exclusive jurisdiction over impeachment.

Siwsan

(26,308 posts)
6. Partially. Mostly because they are cowards
Fri Feb 12, 2021, 09:29 PM
Feb 2021

It will be interesting to see who, and how many, actually do the right thing.

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