So much for ‘originalism’ — Trump’s impeachment defense is a cons utional dumpster fire
Donald Trump’s defense against impeachment increasingly relies on arguments that fly directly in the face of the Cons ution.
Trump himself set the standard last July with his grandiose claim that “Article II says I can do anything I want,” which encountered no serious pushback from his fellow Republicans.
Less blatant absurdities are Trump’s arguments of choice now, as the Senate trial unfolds —
but built on a similar hostility to the cons utional order based on separation of powers and the rule of law.
Whether it’s disputing the House’s “sole Power of Impeachment” (Article I, Section 2, Clause 5),
the Senate’s “sole Power to try all Impeachments” (Article I, Section 3, Clause 6) or
the well-settled meaning of “high Crimes and Misdemeanors” (Article II, Section 4),
the absurdity of Trump’s cons utional defenses is no less than that of his superficial claim to care about corruption.
hostility toward what the Cons ution actually says is diametrically opposed to the pretense of “originalism,”
which is the rallying cry of conservative judicial activism,
and to a large extent the glue that holds today’s GOP together.
Amid all the chaos, it’s easy to miss how profoundly self-contradictory the Republican legal establishment has become.
“the idea that impeachment is about overturning the effects of an election,” which Segall calls ridiculous.
"The idea of impeachment is there has to be some way in between elections of holding the president accountable if he engages in abuses of power or crimes, or
doesn’t execute the laws faithfully.
The idea that the whole concept of impeachment is that it would overturn the election is silly,
and nothing the founding fathers would have recognized as a legitimate argument."
impeaching a president doesn’t overturn an election (it’s not as if Hillary Clinton will become president if Trump is removed)
the original language of the Cons ution runs directly counter to contemporary Republican arguments.
the purported “originalist” defense of Trump comes with the reliance on executive privilege, which, as Segall noted on Twitter last week, isn’t mentioned in the Cons ution.
Trump, of course, has gone far beyond claims of executive privilege to claims of “absolute immunity,” which no court has ever upheld.
“The court in Nixon said very, very clearly that the general interest in confidentiality is not enough to offset the need for relevant evidence in a criminal case.”
the 1970s court, not the oligarchy s of 2000s SCOTUS
“What President Trump has been doing for the past few months is completely inconsistent with United States v. Nixon,”
, “I think the more accurate way of putting that is they elected Trump to protect their guns, overturn Roe and protect religious discrimination.”
"I think when Trump campaigned on appointing justices like Scalia, and occasionally used the word “originalist” to do that, that’s just code.
Evangelicals don’t care whether it’s originalism, cons utionalism, whatever.
They just want to
protect their guns,
end abortion and
be able to discriminate against gays and lesbians."
https://www.rawstory.com/2020/01/so-much-for-originalism-trumps-impeachment-defense-is-a-cons utional-dumpster-fire/
iow, Obama was right, Christians "clinging bitterly (hatefully) to their Bibles and guns"