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Message

re: Jim Jordan: "This is Not Constitutional."

Posted on 2/10/21 at 7:42 am to
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 2/10/21 at 7:42 am to
quote:

Are you suggesting that the writers of the Constitution would be arguing against due process in an impeachment hearing?


I am not suggesting anything, I am flatly stating at the impeachment stage due process does not apply.

You should have no issue proving me wrong, I'll hang up and listen.




Posted by the808bass
The Lou
Member since Oct 2012
125636 posts
Posted on 2/10/21 at 7:46 am to
quote:

I am flatly stating at the impeachment stage due process does not apply.


That’s the typical weasel fig answer I would expect from you.
Posted by roadGator
Member since Feb 2009
154770 posts
Posted on 2/10/21 at 7:49 am to
Cave commie won’t be happy until we are all in camps.

Cave commie, shut up, fig.
Posted by rumproast
Member since Dec 2003
12398 posts
Posted on 2/10/21 at 7:50 am to
quote:

due process does not apply


I stopped reading right there. Thanks for this. I had momentarily forgotten that I lived in North Korea...
This post was edited on 2/10/21 at 7:51 am
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 2/10/21 at 7:52 am to
You are a woefully underqualified junior high school teacher with a double digit IQ, I expect most you encounter IRL treat you far more shabbily.

The real losers are your students.

Still waiting on you to prove yourself correct on your due process claim, show your work teacher.
Posted by Fat Bastard
2024 NFL pick'em champion
Member since Mar 2009
89356 posts
Posted on 2/10/21 at 7:52 am to
quote:

cave canem




Posted by roadGator
Member since Feb 2009
154770 posts
Posted on 2/10/21 at 7:53 am to
quote:

underqualified junior high school teacher


Cave commie with the vivid imagination.

For which DMV office do you work?
Posted by ZappBrannigan
Member since Jun 2015
7692 posts
Posted on 2/10/21 at 7:54 am to
That's cool and all to have that opinion, but it's wrong.

Current House started it while he was still sitting. It's in play and the constitution has two specified remedies with one currently applicable.

Course it's both remedies if you're one of those Shadow Trump Presidency nutters.
Posted by TaderSalad
mudbug territory
Member since Jul 2014
25979 posts
Posted on 2/10/21 at 7:55 am to
quote:

He is simply co-mingling several things and using key words recognized by everyone that do not apply and hoping the sheep are too lazy to even use Google


this is gold.


Posted by the808bass
The Lou
Member since Oct 2012
125636 posts
Posted on 2/10/21 at 8:01 am to
Marbury vs. Madison
Hastings vs. USA

And the Democrats arguments in Clinton’s impeachment.

As you know, there are very few explicit requirements for an impeachment. Three of them. And the Democrats couldn’t even manage the explicit ones.

quote:

underqualified junior high school teacher with a double digit IQ, I expect most you encounter IRL treat you far more shabbily.


Lol. I can assure my IQ is the highest. I’ve never taught school. And you’re still a fig.
Posted by Indefatigable
Member since Jan 2019
35797 posts
Posted on 2/10/21 at 8:02 am to
quote:

Without him presiding, there is no Constitutional trial.


The President of the United States is not on trial. Why would the Chief Justice preside?
Posted by the808bass
The Lou
Member since Oct 2012
125636 posts
Posted on 2/10/21 at 8:04 am to
quote:

The President of the United States is not on trial. Why would the Chief Justice preside?


Because it’s an Impeachment?
Posted by Indefatigable
Member since Jan 2019
35797 posts
Posted on 2/10/21 at 8:05 am to
quote:

Because it’s an Impeachment?


Your point being?

The President of the United States is not being tried. So from a constitutional perspective, I’ll ask again why would the Chief Justice preside?

Article 1, Section 3:
quote:

When the President of the United States is tried, the Chief Justice shall preside:


The President is not being tried. Therefore no CJ. It really is incredibly simple, and a plain language reading of the Constitution.
This post was edited on 2/10/21 at 8:07 am
Posted by AURaptor
South
Member since Aug 2018
11958 posts
Posted on 2/10/21 at 8:05 am to
There are 4 lights!!

Posted by auggie
Opelika, Alabama
Member since Aug 2013
30969 posts
Posted on 2/10/21 at 8:19 am to
quote:

The President of the United States is not on trial. Why would the Chief Justice preside?

The Senate is holding the trial Portion of the Impeachment. This is where the senate votes if The President will be found guilty on the articles sent up from the house of representatives. The Constitution lays it out, and states that the Chief Justice of The SCOTUS SHALL preside over this portion of impeachment process, if there is to be one, but since Roberts believes that this is Un-Constitutional, he refused to preside.
Anyhow, this whole waste of time and money, was already dead on arrival in The Senate, because there will not be enough votes to convict on the articles.
Posted by boosiebadazz
Member since Feb 2008
84572 posts
Posted on 2/10/21 at 8:22 am to
quote:

but since Roberts believes that this is Un-Constitutional


Link?

And I love how you guys hide behind Roberts’ supposed “opinion” when it suits you, but eviscerate when his other opinions conflict with yours
Posted by auggie
Opelika, Alabama
Member since Aug 2013
30969 posts
Posted on 2/10/21 at 8:31 am to
quote:

Link?

Look at your TV. Roberts isn't there. That tells you all you need to know.
quote:

And I love how you guys hide behind Roberts’ supposed “opinion” when it suits you, but eviscerate when his other opinions conflict with yours

Hide behind? There is no hiding, it is the law of the land. I have to live with his opinions, makes no difference if I agree or not, I am subject to his opinions, same as you.
Posted by BiteMe2020
Texas
Member since Nov 2020
7284 posts
Posted on 2/10/21 at 8:32 am to
quote:

I am not suggesting anything, I am flatly stating at the impeachment stage due process does not apply.

You should have no issue proving me wrong, I'll hang up and listen.


If the Congress can completely deprive the Presidency of due process in an impeachment and the subsequent trial, then there's no check on the Congress' ability to simply remove Presidents for any reason at all.

Sure, impeachment is a political process, but only partially so. The goal in this case is not to remove Trump from office, since he's already out of office - it is to prevent him from ever holding office again, presumably even for local dog catcher (that would depend, I suppose, on the final resolution of the Senate vote determining what the punishment should be if there is a Senate conviction). This latter instance is the removal of the right or privilege of a qualified American to run for federal office of any sort. That clearly goes beyond the simple "it's politics" argument, and arguably would be depriving a US Citizen of a right.

Further, the Constitution says that when the President is tried after being impeached the Chief Justice SHALL preside. An argument can be lobbed, of course, that Trump is no longer the President, and the Chief Justice does not have to preside. One could also argue that the Constitution simply did not contemplate former Presidents being tried at all, and therefore this is a sham.


Another argument that fails can be made that the Chief Justice has not always presided over impeachment trials in the Senate - but that argument neglects to mention that those impeachments were not of the President. So that argument is vapid.

It could also be argued that since Trump was impeached AS PRESIDENT, then this trial is of course an impeachment OF A PRESIDENT in his capacities as PRESIDENT, not a former President, although the trial was delayed beyond the end of the President's term. Trump is being tried in his capacity as PRESIDENT at the time he was impeached.

Rehnquist presided over Clinton's trial.
Chase presided over Johnson's impeachment trial.
Nixon's trial never took place.

So there's no precedent to reference at all for someone other than the Chief Justice to preside over this trial.

It's a complete sham.
This post was edited on 2/10/21 at 8:35 am
Posted by Stan Switek
Member since Apr 2017
473 posts
Posted on 2/10/21 at 8:33 am to
quote:

The President of the United States is not being tried.


If the President is not being tried, then there is no impeachment. The Constitution specifically lays out who is to be tried, and "private citizen" isn't one of them.

It is wildly inconsistent to argue that Trump should be impeached because the cause of action started when he was President, then argue that he isn't afforded the procedural rules applicable to a President because he is now a private citizen at the time of the trial.

What if the impeachment started while in office, then continued passed his term? Does the CJ then step down since, constitutionally, he can't preside over the impeachment of a private citizen?

Posted by Indefatigable
Member since Jan 2019
35797 posts
Posted on 2/10/21 at 8:33 am to
quote:

states that the Chief Justice of The SCOTUS SHALL preside over this portion of impeachment process,


No, it doesn’t. It says that the CJ shall preside when POTUS is being tried. POTUS is not being tried.


quote:

since Roberts believes that this is Un-Constitutional


He never once said or indicated this in any way, shape, or form.

quote:

he refused to preside


Correct. The President is not on trial, and so the Chief Justice has no reason to preside.
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