Thursday, December 19, 2019

President Trump can force the House to submit the passed Articles of Impeachment

Last night, the U.S. House of Representatives voted to impeach the President of the United States. The House passed two Articles of Impeachment and the vote was purely partisan. All but three Democrats voted for impeachment. Every Republican voted against it.

The U.S. Senate has the power to convict the President and Remove him from office, or acquit him and leave him. Two-thirds of the Senate must vote to convict, or the President is acquitted. Republicans control the Senate with 53 seats to the Democrats 45, with two independents who caucus with Democrats.

Immediately after the vote was recorded, House Speaker Nancy Pelosi indicated that she would delay transmitting the Articles to the upper chamber, throwing the impeachment process off track and delaying the trial.

President Trump doesn't have to put up with this. He can invoke his Article II, Section 3 powers and force either or both houses of Congress to convene, and then let them adjourn after they have addressed his concern.

Article II, Section 3: (emphasis added)
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
All the President needs to do is cite the "extraordinary Occasion" of his ultra-partisan, unfair, rushed impeachment. He can further cite the House's extraordinary cowardice in failing to submit its Articles of Impeachment to the Senate for its Constitutionally required examination and trial. He can then invoke his Article II, Section 3 power and command the House to convene. He can then refuse to allow the House to adjourn until it either repeals the Articles of Impeachment or submits them to the Senate.

Whether or not he convenes the Senate is up to his sole discretion, as Article II, Section 3 grants him the power to "convene both Houses, or either of them."

If the House refuses to convene, the President could then submit the dispute to the U.S. Supreme Court. He would be granted cert  because he only needs four members to agree to hear the case, and he would assuredly get at least a 5-4 decision that forces Speaker Pelosi to do her damned job.


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