No, the Senate is not a jury, and other misconceptions about impeachment

Timothy Snyder is a historian at Yale University. He has written books of varying critical reception on Russia and Eastern Europe. Lately, he has taken to warning Americans of what he sees as the danger the United States will fall into totalitarianism under President Trump. In the past few days, Snyder has turned his attention , not in a scholarly work but in a series of tweets, to a Trump impeachment trial in the Senate. His tweets were notable mostly because Snyder managed to pack a large number of misconceptions about impeachment into a very small space.

The tweets, ten in all, were directed toward Republican Sen. Mitch McConnell. McConnell has been majority leader since the GOP won control of the Senate in the 2014 election; he was most recently reelected (by acclamation among the Senate’s 53 GOP members) after the 2018 elections. It is perhaps too obvious to note that since the majority leader represents the majority, he exercises a lot of power and influence in the Senate. Nevertheless, Snyder began his critique with this:

Why does Senator McConnell talk about how he will run the impeachment trial, and why do we listen? He has zero constitutional authority to decide its shape.

What does that mean? Does Snyder mean that McConnell as a person โ€” Mitch from Kentucky โ€” has no constitutional authority to decide how the trial will be run? Perhaps, but the fact is, McConnell is the Senate majority leader, and the majority, not any individual senator himself or herself, but the majority, has substantial authority to shape the trial. That’s how the Senate runs. We listen to McConnell because what he says matters. Here are the next two tweets:

John Roberts is in charge of the impeachment trial. The Constitution clearly states that if the president is impeached, the chief justice presides.

Constitution: “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.”

It seems hard to write a clearer sentence than, “The Senate shall have the sole Power to try all Impeachments.” And yet there still seems to be some confusion on that score. If the Senate has the “sole power” to try the impeachment of Trump, how could Chief Justice John Roberts be “in charge” of the trial? It seems obvious, especially to anyone who watched the President Bill Clinton impeachment trial in 1999, that the chief justice’s role in the trial will actually be quite limited. Does anyone believe that on any matter of great import, on which a majority of the Senate disagrees with Roberts, that the majority will defer to the chief justice? That the majority will meekly do what the chief justice says because he is “in charge” of the trial? That is not going to happen. After the Clinton trial, Chief Justice William Rehnquist described his role this way: “I did nothing in particular, and I did it very well.” Next from Snyder:

The impeachment trial is a trial and the senators are all sworn jurors. No special role is foreseen in the Constitution for any specific senator.

Actually, the Constitution, which mentions juries in several places, does not say that the Senate will serve as a jury in an impeachment or that senators will be jurors.

Read Full Article

The Thinking Conservative
The Thinking Conservativehttps://www.thethinkingconservative.com/
The goal of THE THINKING CONSERVATIVE is to help us educate ourselves on conservative topics of importance to our freedom and our pursuit of happiness. We do this by sharing conservative opinions on all kinds of subjects, from all types of people, and all kinds of media, in a way that will challenge our perceptions and help us to make educated choices.

Columns

Trans-wormal

No worm ever said "I am anthropomorphizing, I am a butterfly" to a toad or flock of geese and expected acknowledgement and support.

In Greenlandโ€™s Icy Capital, Past Troubles Haunt Hopes for the Future

As geopolitical realities and ongoing economic growth raise the stakes, U.S. interest in Greenland and the dream of independence may change things in a big way.

How a Chinese Government Statistician Was Forced to Report Fake Data

Chinese local govt employee produced a non-authorized report on bees and was visited by police and threatened with being sent to a mental hospital.

โ€˜This One Time, at Groomer Campโ€™

All Camp Brave Trails programs focus on helping LGBTQ+ youth find what they need most to thrive: their people, their place, and their passion.

Why Recognizing a Palestinian State Now Undermines U.S. Interestsย 

A recent American Conservativeย article suggests President Trump recognize a Palestinian state, but this would undermine the interests of the United States.

News

Tax Deductions You Can Take Without Itemizing

Itโ€™s not always beneficial to itemize. With IRSโ€™s current standard deduction for 2025 most Americans who canโ€™t itemize go with standard deduction.

Guatemalan Deportee Arrives in US After Judge Orders Trump Admin to Facilitate Return

โ€œAmericaโ€™s asylum system was never intended to be used as a de facto amnesty program or a catch-all, get-out-of-deportation-free card,โ€ McLaughlin said.

Trump-Musk Feud Escalates Over Spending Bill: 5 Things to Know

A public feud between Musk and Trump took a turn for the worse. Musk claimed president wouldnโ€™t have won without him and president suggested Muskโ€™s subsidies could be pulled.

Supreme Court Rules 9-0 Wisconsin Violated First Amendment by Denying Tax Exemption to Catholic Charity

Supreme Court ruled unanimously that WI violated the First Amendment by not granting Catholic charity an exemption from paying unemployment tax.

Appeals Court Rules San Diegoโ€™s Yoga Ban Is Unconstitutional

The city of San Diegoโ€™s ban on yoga classes in public parks and beaches was ruled unconstitutional by a federal appeals court.

Supreme Court Rejects Mexicoโ€™s Lawsuit Against Gun Companies

SCOTUS said gun companies should not face lawsuit in which Mexican govt was trying to hold them liable for cartel-related violence involving firearms from US.

FDA Not Recommending Newly Approved COVID-19 Vaccine: Official

FDA approved a new COVID-19 vaccine but is not recommending people receive it, the agencyโ€™s top vaccine officials said on June 4.

Self-Sufficiency Summits in Ohio Reflect Surging Interest in Homesteading

After an age of reliance on store-bought items, many Americans are returning to a self-sufficient lifestyle and growing and raising the food they consume.
spot_img

Related Articles