Constitution means nothing

Alan Dershowitz, an emeritus professor at Harvard Law School who was part of a group of lawyers representing President Trump at the Senate impeachment hearing, believes the US Constitution no longer matters.Show more

During the impeachment of Donald Trump, Congress broke two records. The first is obvious. The House impeached the president for the second time, which has never happened in the history of the United States. While his remarks about his supporters last week were unsettling, they fell short of the Constitutional rationale for removal, prompting the House of Representatives to break another record, less obvious but more important.

In one day, they violated six separate provisions of the Constitution.

First, it shattered the First Amendment, which prohibits the government from restricting free speech. Trump's impeachment for free speech, which was defended by a unanimous Supreme Court decision in Brandenburg v. Ohio, violated the First Amendment.

Second, the House of Representatives violated the basic impeachment criteria of the Constitution, which limit impeachment to "high treason, bribery or other serious crimes and misconduct." The president's statement cannot be considered a serious crime or misconduct. If Congress cannot pass a law restricting free speech, then it certainly cannot pass a single impeachment resolution that restricts the president's free speech.

Third, they violated due process by not giving the president and his legal team an opportunity to defend or formally challenge the impeachment article. This sets a precedent for any future president.

Fourth, in trying to bring Trump to trial in the Senate after he leaves office, the House of Representatives violated a provision that allows Congress to remove the incumbent president, and only if the Senate decides to remove him by a vote can it add sanction for future disqualification from running for position.

Fifth, if the Senate were to prosecute a private citizen, including the former president, it would violate both the spirit and the letter of the bill prohibition. In Great Britain, parliament had the power to judge kings, other officials and individuals. The creators of the Constitution rejected this authority of Congress, and also limited its judicial jurisdiction to impeach government officials only while they were in power and could be removed.

Sixth, Congress voted in favor of a resolution calling on Vice President Mike Pence to violate the 25th Amendment to the Constitution, falsely stating that Trump could not continue to fulfill his duties. It is clear that the drafters of the 25th Amendment intended to apply it only to presidents who have passed out due to physical illness such as stroke or apparent mental disability, or who have become unconscious after being injured. To urge the Vice President to misapply the 25th Amendment was to act in violation of the Constitution.

We remind you that the impeachment of Trump, if ever made, will be after January 20, when, in theory, he will no longer be considered the President of the United States. And the Republican Party, represented by Marjorie Taylor Green, will submit articles of impeachment to Joe Biden on January 21, 2021 for his abuse of power.

That is, as Sanya says in Florida, there are now two impeachments “in the air”: the president, who is no longer there, and the president, who is not there yet.

http://gazeta-delovoy-mir.ru/2021/01/15/konstituciya-nichego-ne-znachit/

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