On the recordMarch 1, 2021
the Senate was asked to decide whether this body has the constitutional jurisdiction to hold an impeachment trial of Donald Trump now that he is no longer President of the United States. While the Constitution does not explicitly address Congress' jurisdiction when the subject of impeachment is a former President--or any former officer--its text and purpose as applied to the facts in this matter support the conclusion that the trial should proceed. The question of Senate jurisdiction should start with the text of the Constitution itself. The impeachment process is described in article I, which delineates the respective powers of the House of Representatives and the Senate. Section 2 plainly states that the House ``shall have the sole power of impeachment.'' In this matter, there is no dispute that impeachment occurred before former President Trump's term expired, and, therefore, there is no dispute that the House had jurisdiction to impeach him. What is at issue is whether the impeachment trial can occur in the Senate now that former President Trump is no longer in office. Again, I look to the text of article I.…
Source
govinfo.gov




