General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCould Repubs short circuit the impeachment process
by holding an "impeachment" in the House and vote it down before Dems could possibly take over the chamber? Then Dems were to try to bring up impeachment again, Repubs could invoke the double jeopardy clause and say that ship has sailed?
Or the House could bring charges, the senate fail to convict and then if Dems took over they could again invoke the double jeopardy clause?
This has been bugging me. I could easily see Repubs pulling a stunt like this after the election and before the new congress convenes.
I just had to get that question out of my system. I hope somebody knows or can BS their way through a good answer.
unblock
(52,249 posts)Its a political solution, not a judicial one.
Even if there was such a thing as double jeopardy for impeachment, we could simply find different charges.
rurallib
(62,421 posts)thank you.
This crawled into my brain last night and I couldn't have any peace until I got an answer!
PoliticAverse
(26,366 posts)rurallib
(62,421 posts)drray23
(7,633 posts)Even if we manage to impeach him, the senate still has to convict and 67 votes are needed (2/3 +1)
rurallib
(62,421 posts)unblock
(52,249 posts)Turbineguy
(37,341 posts)we're just gonna hafta make sure we elect 67 Senators!"
(I walked like John Wayne after my cycling class this morning)
pbmus
(12,422 posts)Blue_true
(31,261 posts)We need to focus on what we can control.
lastlib
(23,244 posts)Impeachment is a POLITICAL function of the POLITICAL branches of government. "Impeachable offenses" are whatever the prevailing powers in the political branches SAY they are. I would therefore gainsay that an act deemed "unimpeachable" by Congress (dominated by one party) in one session could very well be deemed "impeachable" by a Congress dominated by a different party in another session. There is really no constitutional limit on the power of Congress w/r/t impeachment, except that the only penalty they can impose is removal from office and forfeiture of the right to hold other offices. Art. I, Sec. 3 holds open the possibility that the impeached person may be tried, convicted and punished in criminal proceedings--this tells me that there is a definite differentiation between the POLITICAL action of impeachment/removal and the CRIMINAL prosecution of the person accused.
Of course, I COULD be wrong.......