Excerpts from article:
...Neither of the impeachment charges against President Donald Trump is indictable.
...First, the plain text of the Constitution requires it; second, the protection of the people's right to select the president cannot make the president serve at the pleasure of Congress; and third, the due process rights of the president prevent nebulous, vague undefined "Offenses" being the basis of punitive impeachment.
...This argument is far from new: the only Supreme Court Justices ever to argue on the Senate floor on impeachment agreed; the only active Judges to ever argue on the Senate floor on impeachment agreed; and Founding Fathers who debated impeachment on the Senate floor back to 1805 agreed.
...As the current impeachment charges do not even allege treason, bribery or comparable "Other high crimes," this impeachment of President Trump offends the Constitution.
...Why else would impeachment be referenced in the power to pardon, if not based on criminally offensive conduct? Were it otherwise, we could have impeachment "By no crime" and a trial "By no court," subjecting the people's elected president to the capricious whim of Congress on the vaguest of charges, a parliamentary form of power the Constitution directly discarded.
Submitted 1553 days ago
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