That in essence is what Article I, Section 3 means, according to Pollak: “The Senate shall have the sole Power to try all Impeachments.”
That's his take, and he's Breitbart's legal eagle. The language is broad, and maybe that was the Founder's intent: The Senate has the exclusive ("sole") authority to choose how it will proceed, or not proceed, period. Judges often dismiss cases without hearing them...
I'm not a lawyer. But I tend to trust Pollak's judgment.
EDIT: Article 1, section 5, clause 2 seems to reaffirm how much latitude the Senate has: “Each House may determine the Rules of its Proceedings..."
Also, I found this article helpful:
When three impeached judges claimed the Senate was required to conduct a full trial, "the Senate countered that it had complete authority over how to fashion proceedings...Ultimately, the Supreme Court accepted the Senate's arguments in Nixon v. United States (1993) on the principal ground that the Senate's power to try impeachments included the nonreviewable final discretion to determine how to conduct its trials."
I think instituting a speedy trial provision is important. There is a reason that is included in the Constitution (Sixth Amendment). Something along the lines of the House being required to submit the articles within 30 days or the Senate will dismiss with prejudice. That allows for the House to get its paperwork in order but not purposefully delay like is happening.
This whole thing is so unprecedented that I don't think they have rules for this yet.
If the house didn't have its goddamn paperwork in order then they have no business impeaching... not that they had any business impeaching in the first place.
That in essence is what Article I, Section 3 means, according to Pollak: “The Senate shall have the sole Power to try all Impeachments.”
That's his take, and he's Breitbart's legal eagle. The language is broad, and maybe that was the Founder's intent: The Senate has the exclusive ("sole") authority to choose how it will proceed, or not proceed, period. Judges often dismiss cases without hearing them...
I'm not a lawyer. But I tend to trust Pollak's judgment.
EDIT: Article 1, section 5, clause 2 seems to reaffirm how much latitude the Senate has: “Each House may determine the Rules of its Proceedings..."
Also, I found this article helpful:
When three impeached judges claimed the Senate was required to conduct a full trial, "the Senate countered that it had complete authority over how to fashion proceedings...Ultimately, the Supreme Court accepted the Senate's arguments in Nixon v. United States (1993) on the principal ground that the Senate's power to try impeachments included the nonreviewable final discretion to determine how to conduct its trials."
https://www.heritage.org/constitution/articles/1/essays/17/trial-of-impeachment
The House Dims might try to take the matter to SCOTUS and ask them to revisit this ruling.
I think instituting a speedy trial provision is important. There is a reason that is included in the Constitution (Sixth Amendment). Something along the lines of the House being required to submit the articles within 30 days or the Senate will dismiss with prejudice. That allows for the House to get its paperwork in order but not purposefully delay like is happening.
This whole thing is so unprecedented that I don't think they have rules for this yet.
If the house didn't have its goddamn paperwork in order then they have no business impeaching... not that they had any business impeaching in the first place.
Yes, give them a deadline
Considering how hard they were pushing "the Constitution only mentions 'sole power' twice", doubt that's a great strategy