Timeline for Why isn't the constitutionality of Trump's 2nd impeachment decided by the supreme court?
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7 events
| when toggle format | what | by | license | comment | |
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| Jan 28, 2021 at 20:44 | comment | added | Just Me | @reirab True, but I'll just note that the three branches of the US government - judicial, executive, and legislative - are decidedly not equal despite all trite aphorisms to the contrary. Only the legislative branch can raise taxes and appropriate spending. Only the legislative branch can remove members of the other branches from office. Neither the judicial or executive branches can remove Senators or House members from office. IMO the US House and Senate have largely abdicated their roles in overseeing the executive and judicial branches, however. | |
| S Jan 28, 2021 at 20:34 | history | mod moved comments to chat | |||
| S Jan 28, 2021 at 20:34 | comment | added | JJJ♦ | Comments are not for extended discussion; this conversation has been moved to chat. | |
| Jan 27, 2021 at 21:19 | comment | added | reirab | The power to try an impeachment is not the same thing as the power to determine whether or not one is constitutional. | |
| Jan 27, 2021 at 18:23 | comment | added | user102008 | In another question, it was generally agreed that someone who hasn't held federal office probably can't be impeached, as the Constitution specifies that "The President, Vice President and all civil Officers of the United States" can be impeached (though there is some debate as it's not clear if that's an exclusive list). The courts can probably rule that a conviction didn't happen if someone who hasn't held federal office were impeached and convicted. It's plausible that they can also rule on whether a former officer holder can be convicted. | |
| Jan 27, 2021 at 18:20 | comment | added | user102008 | It depends on which aspect of impeachment you are talking about. The courts probably can't rule on things like what are impeachable offenses or what are the procedures of an impeachment trial, as those are not specified in the Constitution. But there are some things that are specified in the Constitution, e.g. it takes 2/3 of the Senate to convict, so if a Senate passed a rule that says it can convict on a majority and does so without a 2/3 majority, courts can probably rule that the conviction didn't happen. | |
| Jan 26, 2021 at 22:56 | history | answered | Joe C | CC BY-SA 4.0 |