The Impeachment of Trump so Far, and the Constitutional Crisis.

The Impeachment of Trump so Far, and the Constitutional Crisis.

First off a primer for those not familiar with US politics or just what impeachment actually is:

Unlike Parliamentary systems the Executive branch (The President, Vice President, The President's Cabinet) is separate from the Legislative branch (The Senate which has two Senators from each State, and The House of Representatives which has Congressmen based on population from each state as per the US Census), and the Judicial branch is also separate (all the Federal Courts including the Supreme Court), these are called The Three Branches of Government.

The Impeachment of Trump so Far, and the Constitutional Crisis.

As such in order to create a system of Checks and Balances, the Founding Fathers created a check on the Executive by the Legislative, a process called "Impeachment". It came from English Common Law (America being a former British colony), but it is much more narrow in American Law.

The Impeachment of Trump so Far, and the Constitutional Crisis.

So what are the specifics on impeachment?

Article 1 section 2 States that THE HOUSE OF REPRESENTATIVES shall "...have the sole power of impeachment."

https://www.usconstitution.net/xconst_A1Sec2.html

Article 1 section 3 states that the Senate then tries the case of the Impeached President and weather to Convict and remove from office or Acquit.

"The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."

https://www.usconstitution.net/xconst_A1Sec3.html

*IMPORTANT* did you catch the last part? "...but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law." Yes it is Unconstitutional to indict a sitting President otherwise the Executive branch would be forever held up with indictments from partisan District Attorneys.

For those unfamiliar with American Law there is an old saying about indictments, "If the District Attorney (Prosecutor) wanted, the Grand Jury would Indict a Ham Sandwich."

The New York Prosecutors Latest Indictment
The New York Prosecutor's Latest Indictment

Article 2 section 4 explains the reasons for impeachment:

"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

Article II, Section 4

https://www.heritage.org/constitution/#!/articles/2/essays/100/standards-for-impeachment

Here are the Articles of the Constitution as well as The Bill of Rights (the first 10 amendments) for those who are curious:

https://www.archives.gov/founding-docs/constitution-transcript

https://www.archives.gov/founding-docs/bill-of-rights-transcript

This Brings us to the current "impeachment" and Constitutional Crisis. You notice Article 1 section 2 States that THE HOUSE OF REPRESENTATIVES shall "...have the sole power of impeachment."? This Means the Whole House of Representatives, NOT ONE PARTY THEREIN!

Republicans have been denied access to impeachment hearings, not allowed to question witnesses, the democrats will "release transcripts" if they want to, and they definitely won't lie to Congress again!

https://marshall.house.gov/sites/marshall.house.gov/files/styles/congress_featured_image/public/featured_image/10.23.19%20Impeachment%20presser.jpeg?itok=dQwMAd4g

Adam Schiff who is with Pelosi and Cortez running this impeachment farce, has already lied to Congress recently regarding the Ukraine matter, lying about the contents of the Call between Trump and the Ukranian President Zelensky. Here is the actual Transcript of the call:

https://www.scribd.com/document/427425025/President-Trump-Telephone-Conversation-with-President-Zelenskyy-of-Ukraine-Unclassified09-2019#from_embed

Here is Schiff Lying to Congress about the contents:

After being called out by other Congressmen Schiff admitted it was not true, but claimed it was "parody". However none of the Corporate news outlets reported the fact that it was fake, or that Schiff himself admitted it. They ran with the headlines about Schiff fictional supposed "parody".

By taking power away from members of The House in the Impeachment process it is Unconstitutional on those grounds alone. Also, in the resolution passed today 10/31:

-The resolution gives authority to the House Intelligence Committee that it has never had before.
-The resolution does not provide the Republican minority equal subpoena power.
-The resolution dilutes minority powers over the release of Intelligence Committee transcripts.
-The resolution does not compel the release of past testimony.
-The resolution restricts the president’s right to be represented.

-Transcripts are NOT required to be made public

-Exculpatory evidence does NOT have to be turned over!

Which brings us to the OTHER reason it is Unconstitutional. Although Impeachment is a special Procedure for removal of a sitting President, he still has Constitutional Rights, he is an American Citizen after all!

The Fifth amendment states that in part, no one shall be "nor be deprived of life, liberty, or property, without due process of law;" Due Process Requires turning over Exculpatory (proving innocence) evidence so this proceeding violates the Fifth Amendment.

The Sixth Amendment guarantees in part,"to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." The President is not allowed to confront witnesses against him, allowed to present evidence in his favor, and his Lawyers not allowed to be present, thus it violates the Sixth Amendment! And yes the previous Presidents ALL had these rights, otherwise the Impeachment would be UNCONSTITUTIONAL!

RECAP;TLDR:

1. By Denying House Members access, and power, this procedure is a violation of article 1 section 2 The House NOT one party withing has the power of impeachment.

2. By withholding exculpatory evidence it violates the 5th Amendment to due process.

3. By refusing to allow the President and his lawyers to be present question witnesses or present evidence/witnesses in his favor (yes ALL Presidents had these rights!) it violates the 6th Amendment!

These people are TRAMPLING the Constitution, do not let their Rhetoric Fool You!

The Impeachment of Trump so Far, and the Constitutional Crisis.

The Constitution was Made as a Safeguard against would be Tyrants such as the democrats in Congress! WE MUST NOT LET THEM TRAMPLE IT ANYMORE!

The Impeachment of Trump so Far, and the Constitutional Crisis.
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