February 12, 2021

It is unconstitutional to impeach anyone other than The President, Vice President and all Civil Officers of the United States

 

Article 1, Section 2, Clause 5

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article 1, Section 3, Clauses 6 and 7

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside; And no Person shall be convicted without the Concurrence of two thirds of the Members present. 

Judgement in Cases of Impreachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgement and Punishment, according to Law.

Article 2, Section 4

The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

My Analysis

The clear plan language of Article 2, Section 4 defines Impeachment to include both House “charging” and Senate “trying and finding guilty.”   Further Article 2 Section 4 limits Impeachment to the President, Vice President and all Civil Officers of the United States.  Donald Trump in no longer the President and is not the Vice President and all Civil Officers of the United States.  Therefore, he can no longer be impeached.

Article I, Section 9, Clause 3

No Bill of Attainder or ex post facto Law shall be passed.

My Analysis

This means that other than Impeachment, neither the House of the Senate can try and punish anyone.

Amendment 14 Section 3

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

My Analysis

This means that if a person is found guilty of insurrection or rebellion, they shall not be eligible to be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state.  The KEY is that they must be found guilty in a judicial PROCESS NOT LEGISLATIVE PROCESS.

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