I can think of no better term to describe what’s going on in Washington, D.C. today than insanity. So let’s take a look at a couple of possible answers to the question of the state of the impeachment today.
I’m sure we’re all aware that the House of Representatives voted two articles of impeachment against President Trump. Rather than moving them on to the Senate though, Nancy Pelosi is attempting to retain control of this circus by refusing to send the articles to the Senate for trial.
The Constitution states that the House of Representatives has the sole power of impeachment (Article I, Section 2, Clause 5) and the Senate has the sole power to try all impeachments (Article I, Section 3, Clause 6). It also states that 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. Well, Donald J. Trump has been impeached for high crimes and misdemeanors, but he is not getting his trial. After spending some time thinking about this, I see two possible reasons.
What is the Senate Waiting For?
There is nothing in the Constitution that requires a formal transmittal of acts of one house of Congress to another except when attempting to override a Presidential veto (Article I, Section 7, Clause 2). Since the articles of impeachment are public record, the Senate could begin the trial process using the information from the journal of the House of Representatives. I’m sure this would cause quite an uproar from the political and pundit class, but at this point I don’t see any other way they can retain control of their power to try all impeachments.
It’s Not Done Until the Paperwork is Finished
While researching this post I noted something interesting. While I’m no expert on the rules and procedures of the House, I could find no formalized process for transmitting acts of the House of Representatives to the Senate. The closest I could find had to do with the Clerk of the House sending legislation originating in the House and approved by both houses to the President after it was signed by both the Speaker of the House and President of the Senate. I even checked congress.gov and found nothing in the actions recorded to indicate a process for transmitting legislation from the House to the Senate. So either there is a recorded process hidden by legalese, or it is handled by tradition.
Since everyone in Washington, D.C. seems to think the Speaker of the House has to follow some formal process to complete the House’s work, that brings up an interesting situation. If the impeachment isn’t finished until the Speaker of the House finishes that paperwork and passes it on to the Senate, then technically Donald J. Trump hasn’t been impeached yet. The House has voted on articles of impeachment, but they haven’t filed the paperwork. That’s like a prosecutor getting the vote from the Grand Jury but not filing the indictment, or a judge’s order that doesn’t take effect until the paperwork is filed. I expect this, too, would cause hyperbolic rants among the ensconced punditry of our nation, but you can’t have it both ways. Either Donald J. Trump has been impeached by the vote of the House, in which case he deserves his trial in the Senate, or he is not impeached until Nancy Pelosi finishes the paperwork.
Conclusion
Regardless of which situation is legally true, there is one simple conclusion to be made about the current state of the impeachment of Donald J. Trump: Nancy Pelosi is clearly and unquestionably in contempt of Congress. (I find it ironic that the contempt Ms. Pelosi is showing to Congress is one of the charges leveled against Mr. Trump in the articles of impeachment.)
Clearly the body of representatives she currently serves as leader has made their position clear. They believe Donald J. Trump has acted in such a manor that he should be removed from office. Yet, contrary to their will, Ms. Pelosi refuses to forward the articles of impeachment to the Senate. She is holding the decision of your representatives in contempt by not fulfilling her duties as Speaker of the House. Her actions show contempt not only for the House of Representatives, but for all Americans that are represented by it. By inserting herself illegally in what the Constitution states is solely the Senate’s business, she has shown contempt for that branch of Congress, too. Once the House has impeached the President, their job is done; they have no legal say in how the Senate proceeds. Imagine if the prosecutor gets to choose what witnesses the defense could call or had the power to veto jurors they thought would not support their decision. Since the role of the Senate is to represent the states, she is showing contempt for the states as well.
Nancy Pelosi’s actions have violated Mr. Trump’s due process rights by illegally interfering with his trial in the Senate and she has violated the rights of all Americans to representation in the House by effectively overriding their vote. She has violated the rights of all of the 50 states to have their voices heard on the impeachment in the Senate trail. So she has not only violated her oath to support he Constitution, but has shown utter contempt for it and for the union that it represents.
If any other Speaker of the House refused to process any other matter legally adopted by the House there would be immediate calls for discipline, possibly including impeachment, for such willful disregard for their duties and subversion of the Constitution and rule of law. Yet here we sit, twiddling our thumbs while wondering what queen Pelosi will do next. Is there any wonder Congress has such low approval rating? Is there any further evidence needed that our government is corrupt and that it no longer protects our rights? As the Declaration of Independence says:
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Declaration of Independence
Isn’t it about time We the People once again stand up to these tyrants in our government and alter it in such a way to effect our safety and happiness, not theirs?
