General Discussion
In reply to the discussion: Supreme Court dismisses emolument cases against trump because he is out of office. This is quite [View all]BGBD
(3,282 posts)like it's handled in Article II, Section 4:
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.
That passage determines who congress can impeach.
I'm going back to the opinions in Nixon V US. Rehnquist said in his opinion that the court didn't have authority to review an impeachment of a federal office. I'm also looking at the impeachment of Belknap. He resigned but the trial carried on, with the Senate determining whether they had jurisdiction and most senators voting not to convict based on believing they didn't have it. I feel like if SCOTUS could rule Belknap would have appealed to them to make that decision before the Senate could vote, because it was fairly close in the end. Furthermore there is the impeachment of Tennessee Senator Blount who was impeached and the Senate voted that they did not have jurisdiction.
So, it seems to me that it's up to the Senate to decide if there is jurisdiction. I suppose the party could ask the court to intervene after a conviction were made.
Is there a case similar that we could look at on this?