some law professors argue that an impeachment, at least after the 20th amendment, dies with the Congress. Most of the precedents to the contrary predate the adoption of the 20th amendment, but we do not have to debate this. As a practical matter, the new Congress must vote again on impeachment by voting on appointing managers. If we do not reappoint the managers, they cannot have a trial in the Senate and the impeachment dies. So the vote on this motion is really a new vote on impeachment. A yes vote on this motion to appoint the managers is a vote to impeach the President and require the Senate to hold a trial. A no vote is a vote against impeaching a President and requiring a trial in the Senate. So our new Members will get a chance to vote for or against impeachment and removal of the President today. Having said that, let us remind ourselves why the partisan vote of this House last month to impeach the President was so contrary to the intent of the Constitution and such an affront to this Nation. Impeachment, I remind Members, was never intended by the framers of the Constitution as a punishment. It was intended as a protection of the Constitution against a President who would abuse his power to make himself a tyrant. Benjamin Franklin called impeachment a substitute for assassination.…
Jerry Nadler: “some law professors argue that an impeachment, at least after the 20th amendment, dies with the Congress. Most of the…”
Editor's note · Context
Discussing the implications of impeachment and the constitutional intent behind it.
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