Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Huin

(93 posts)
7. True, when the Senate sits and functions as Senate.
Thu Dec 19, 2019, 04:56 PM
Dec 2019

Since you are apparently well versed regarding the Constitution, you might expound of whether the Supreme Court has already interpreted and ruled on the meaning of Article I, Section 3, paragraph 6 When sitting for that Purpose, they shall be on Oath or Affirmation. Clearly, as I noted before, each member is already under oath or affirmation to support the Constitution (Article VI) when they sit as senators. Does that not mean that while they sit as trier of facts they have assumed a special duty necessitating the oath or affirmation as set forth in Section 3 of Article I?

I agree you have a good point. I would agree with you and would not even started my discussion, had it not been for that second and third sentence of the sixth paragraph. That requirement makes it logically implicit that the members when sitting for trying the impeachment become part of the special Court convened for that purpose. If you read Article III of the Constitution you will see that the judicial power in law and in equity arising under the constitution lies with the supreme Court. The trial of all crimes, except cases of impeachment shall be by jury. And as discussed before in cases of impeachment the senators take the function of the jury. Nevertheless, the trial is no less a judicial case controlled by the procedures of the court system and not by those of the Senate for their normal function as senators.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»Confused about Impeachmen...»Reply #7