Monday, December 2, 2019
Ritaruby
Does anyone know what it would be like if the Democrats take back just one - either the House or the Senate - and not the other one - and Trump and current serving GOP are in still? Which has the most leverage and can they "squeeze" Trump as will be needed still provided he will still be in which looks to be the case as of today? If anyone has knowledge of this and/or a link, please post. Thanks. I am very curious.
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otmichele
In a nut shell.  Senate responsible for confirming people. House is primarily responsible for budgetary items.  House starts impeachment and Senate tries it and then Supreme Court judges it.  People need to convince their representatives or senators to sway their way.  
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Ritaruby
Thanks for this info. otmichele. Much appreciated.
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Ballhawk
I think otmichele is right except about the Supreme Court judging an impeachment process.  My understanding is that a bill of impeachment begins in the House.  If it passes in the House it moves to the Senate who act as a jury to decide whether the President is guilty or not guilty of the allegations of committing the "bribery, treason, or other high crimes or misdemeanors" charged by the House bill.  I think it takes a two-thirds vote (67 out of 100) to reach a guilty vote in the Senate and remove the President from office.  I think that decision is final and not subject to review by the Supreme Court. 
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Ballhawk
And, as we know, if the Democrats win enough seats to gain back a majority in the House, the odds of passing a bill of impeachment would be much better than the current situation with the GOP majority.  It seems to me that the Mueller investigation is key to what will happen next.  
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droberts
Ballhawk wrote:
I think otmichele is right except about the Supreme Court judging an impeachment process.  My understanding is that a bill of impeachment begins in the House.  If it passes in the House it moves to the Senate who act as a jury to decide whether the President is guilty or not guilty of the allegations of committing the "bribery, treason, or other high crimes or misdemeanors" charged by the House bill.  I think it takes a two-thirds vote (67 out of 100) to reach a guilty vote in the Senate and remove the President from office.  I think that decision is final and not subject to review by the Supreme Court. 


Impeachment is tried in the Senate and the Chief Justice rules over impeachment proceedings of presidents, they are restricted to following the Senate rules and procedures in the handling of the trial, and can’t overrule those rules and procedures. So it's only the Chief Justice and not the whole Supreme Court. And if found guilty by two thirds of the Senate vote, is removed from office. I also think there can be no appeal made by the president either. It's final.
"Where law ends tyranny begins"  John Locke
Locke defines tyranny as "the exercise of power beyond right." A just leader is bound by the laws of the legislative and works for the people, whereas a tyrant breaks the laws and acts on his own behalf

"All that is necessary for evil to triumph is for good men (and women) to do nothing."  Edmund Burke
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otmichele
More of the nutshell:
At the federal level, the impeachment process is a two-step procedure. The House of Representatives must first pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". Next, the Senate tries the accused. In the case of the impeachment of a president, the Chief Justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the President of the Senate who is also the Vice President of the United States.
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droberts
If the Dems take back either one, it will still give them more advantage than they have now. The Senate is considered to have somewhat more power than the House. 

Only the Senate can approve certain actions by the President: making treaties, appointing ambassadors and Supreme Court judges. Probably why Trump is killing himself to get his nominee chosen and pushed through before midterms. Only the House of Representatives can write the funding and appropriations bills that are necessary to run the Federal government. They are suppose to work together on legislation, like immigration, HA!
"Where law ends tyranny begins"  John Locke
Locke defines tyranny as "the exercise of power beyond right." A just leader is bound by the laws of the legislative and works for the people, whereas a tyrant breaks the laws and acts on his own behalf

"All that is necessary for evil to triumph is for good men (and women) to do nothing."  Edmund Burke
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Ballhawk
And in the cases of President Andrew Johnson and President Bill Clinton, when the Senate voted on their impeachments the two-thirds was not reached.  Therefore both Andrew Johnson and Bill Clinton survived the process and remained in office. Nixon resigned from office rather than face the process, knowing he could not survive it. Therefore, no American president has been removed from office through a conviction vote in the Senate.  If Trump became the first in history to get booted out by the Senate it would make my day, to say the least.  
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Ritaruby
Thank you to otmichele, Ballhawk and droberts for all of this information. And to your point Ballhawk-and I'm sure we all think this, yes, if Trump were impeached or resigned it would COMPLETELY MAKE MY DAY - no matter what else was going on! Fingers crossed amd ready to make calls prior to midterms.
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