Tuesday, December 31, 2019
Feldman insists that impeachment occurs only when the articles and a slate of House trial managers are submitted to the Senate for trial. However, there is no support for that interpretation in the text or history of the Constitution. Indeed, English impeachments by the House of Commons often were not taken up for trial in the House of Lords, yet all those individuals still were referenced as impeached.
Now for our point of disagreement. The Constitution does not state that the House must submit the articles of impeachment to the Senate at any time, let alone in a specific period of time. Tribe insists this means that the “House rules unmistakably leave to the House itself” when to submit an impeachment for trial. There are, in fact, two equal houses of Congress. Faced with a House manipulating the system, the Senate can change its rules and simply give the House a date for trial then declare a default or summary acquittal if House managers do not come. It is the list of House trial managers that is necessary for Senate proceedings to commence.