While Nancy Pelosi threatens to withhold articles of impeachment passed Wednesday night by the House, Harvard Law Professor Noah Feldman says that President Trump isn't technically impeached until the House actually transmits the articles to the Senate.
Feldman, who testified in front of the House Judiciary Committee's impeachment proceedings earlier this month, argues in a Bloomberg Op-Ed that the framers' definition of impeachment "Assumed that impeachment was a process, not just a House vote," and that "Strictly speaking,"Impeachment" occurred - and occurs - when the articles of impeachment are presented to the Senate for trial.
If the House does not communicate its impeachment to the Senate, it hasn't actually impeached the president.
That's because "Impeachment" under the Constitution means the House sending its approved articles of to the Senate, with House managers standing up in the Senate and saying the president is impeached.
Roughly modeled after England's impeachment procedures, the framers in Article I of the constitution gave the House "The sole power of impeachment," while giving the Senate "The sole power to try all impeachments."
If the House votes to "Impeach" but doesn't send the articles to the Senate or send impeachment managers there to carry its message, it hasn't directly violated the text of the Constitution.
To be sure, if the House just never sends its articles of impeachment to the Senate, there can be no trial there.
https://www.zerohedge.com/political/house-senate-impeachment-impasse-would-mean-trump-wasnt-impeached-all-harvard-law-prof
Feldman, who testified in front of the House Judiciary Committee's impeachment proceedings earlier this month, argues in a Bloomberg Op-Ed that the framers' definition of impeachment "Assumed that impeachment was a process, not just a House vote," and that "Strictly speaking,"Impeachment" occurred - and occurs - when the articles of impeachment are presented to the Senate for trial.
If the House does not communicate its impeachment to the Senate, it hasn't actually impeached the president.
That's because "Impeachment" under the Constitution means the House sending its approved articles of to the Senate, with House managers standing up in the Senate and saying the president is impeached.
Roughly modeled after England's impeachment procedures, the framers in Article I of the constitution gave the House "The sole power of impeachment," while giving the Senate "The sole power to try all impeachments."
If the House votes to "Impeach" but doesn't send the articles to the Senate or send impeachment managers there to carry its message, it hasn't directly violated the text of the Constitution.
To be sure, if the House just never sends its articles of impeachment to the Senate, there can be no trial there.
https://www.zerohedge.com/political/house-senate-impeachment-impasse-would-mean-trump-wasnt-impeached-all-harvard-law-prof
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