On the recordJanuary 31, 2020
Is the Chief Justice aware that in the impeachment trial of President Johnson, Chief Justice Chase, as Presiding Officer, cast tie-breaking votes on both March 31 and April 2, 1868? The CHIEF JUSTICE. I am, Mr. Leader. The one concerned a motion to adjourn. The other concerned a motion to close deliberations. I do not regard those isolated episodes 150 years ago as sufficient to support a general authority to break ties. If the Members of this body, elected by the people and accountable to them, divide equally on a motion, the normal rule is that the motion fails. I think it would be inappropriate for me, an unelected official from a different branch of government, to assert the power to change that result so that the motion would succeed. Amendment No. 1295 (Purpose: To subpoena certain relevant witnesses and documents.)
