Rudy Giuliani wants the Supreme Court to step in and declare the Constitution unconstitutional

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Rudy Giuliani wants the Supreme Court to step in and declare the Constitution unconstitutional
The blessed lack of statements from Rudy Giuliani has been broken by a snarling mess of of un-reason balled up and delivered by the specialists in packaging frothing conspiracy theory at the Daily Caller (ahem ... not linked). In this Jenga column of illogical blocks, Donald Trump’s personal attorney argues that Congress can’t impeach Trump over either abuse of power or obstruction of Congress, because those are not crimes. They’re just violations of the Constitution. And impeaching Trump for violating the Constitution would be unconstitutional.

In fact, it would be so unconstitutional to impeach Trump for an unconstitutional act that Giuliani thinks the Supreme Court should step in to halt the impeachment. Even though he acknowledges that that is … not in the Constitution.
Indeed, the Constitution is silent on the Supreme Court’s role in an impeachment except to provide that it is presided over by the chief justice.
But Giuliani then uses his astounding legal reasoning to determine that the Constitution’s “silence” means that the Supreme Court gets to tell Congress how to do impeachment, in the same way that the Supreme Court can determine that some legislation is unconstitutional. Which might make some sense … except for that part where the Constitution explicitly awards the power to determine how impeachment is handled to Congress, not the courts.

Instead, Giuliani wants to give the Supreme Court a veto on impeachment by awarding it the ability to declare an impeachment unconstitutional. Which, if you’re having trouble keeping score, means that Giuliani wants to award the Supreme Court the unconstitutional authority to declare an impeachment unconstitutional if it’s based on charges of unconstitutional action.

Not only is this a dizzying un-merry-go-round of illogic on the part of Giuliani, but it also ignores one other issue: This is already settled law.

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But Giuliani then uses his astounding legal reasoning to determine that the Constitution’s “silence” means that the Supreme Court gets to tell Congress how to do impeachment, in the same way that the Supreme Court can determine that some legislation is unconstitutional.

This is 2020. The United States S.Ct. has already chimed in on Rudy's fantasy. If he is such a smart go-to attorney, he should already be familiar with Nixon v. United States wherein the S.Ct. stated IMPEACHMENT is solely the province of Congress. The impeached U.S. judge lost @ the highest Court in our land.
:cool:


Nixon v. United States, 506 US 224 (1993)
 
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