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re: SCOTUS isn’t going to mess with immunity

Posted on 4/25/24 at 3:18 pm to
Posted by Turbeauxdog
Member since Aug 2004
23347 posts
Posted on 4/25/24 at 3:18 pm to
quote:

Exactly. Manufacturing this impeachment-acquittal as a required step for criminal prosecution would be the biggest legislation from the bench and invention of Constitutional law since Roe v Wade.


Meh it's severely poorly worded if your interpretation was the intent. Is there any contemporary discussions we can use to establish intent?

Posted by CreoleTigerEsq
Noneya
Member since Nov 2007
642 posts
Posted on 4/25/24 at 3:37 pm to
quote:

Is there any contemporary discussions we can use to establish intent?


LINK

Third Paragraph:

The Senate’s power to convict and remove individuals from office, as well as to bar them from holding office in the future, does not overlap with criminal remedies for misconduct. Indeed, the unique nature of impeachment as a political remedy distinct from criminal proceedings ensures that the most powerful magistrates should be amenable to the law. 10 Rather than serving to police violations of strictly criminal activity, impeachment is a method of national inquest into the conduct of public men for the abuse or violation of some public trust. 11 Impeachable offenses are those that relate chiefly to injuries done immediately to the society itself.12 Put another way, the purpose of impeachment is to protect the public interest, rather than impose a punitive measure on an individual. 13

10 James Wilson, Lectures on Law, reprinted in, The Works of James Wilson 425–26 (1791).
This post was edited on 4/25/24 at 3:39 pm
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