An Impeachment Role for the Supreme Court?
Do the charges against Trump pass constitutional muster? The justices should decide before the Senate does.
In the present overheated state of official Washington, there may be no alternative to charging into an impeachment trial whose outcome is a foregone conclusion. There is no allegation of treason, bribery, a high crime, or a misdemeanor, the four categories of offense the Constitution identifies as justifying the removal of a president, and no evidence of any such offense. The Democrats tried bribery for a couple of weeks after their focus groups were stirred by it, but gave it up as too implausible. The only bribe that has been unearthed was of the Biden family, and not even this rabid ragtag of bloodless assassins has tried treason, though that wicked act was much bandied about in the piping days of the previous Democratic putsch attempt over collusion between Trump and Russia in the 2016 election. The preferable next step would be for the Senate to ask the Supreme Court to determine whether the four grounds cited by the Constitution for removal of a president are exclusive, and accordingly this impeachment bill need not be tried, or those categories are merely illustrative, and Gerald Ford was correct when he said impeachment can be for any reason the majority in the House of Representatives determines.
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