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House May Hold Vote on Impeachment Inquiry

Speaker Nancy Pelosi has made it very clear that the House of Representatives is in the midst of an impeachment inquiry. The full House, however, has never voted to open such an inquiry, something that President Trump says makes it illegitimate. Speaker Pelosi disagrees, but some House Democrats are pushing for a vote to ensure that they are on solid legal ground.

 

During the impeachment proceedings against Presidents Nixon and Clinton, the full House of Representatives voted to begin an inquiry that led to the House Judiciary Committee considering articles of impeachment. However, as Speaker Pelosi points out, there is nothing in the Constitution or House rules that requires such a vote.

 

Some critics say that a vote is necessary nonetheless. This is a view that is prominently argued by the White House counsel’s office. No judges have ruled yet on this question, but it will likely be considered as the House issues subpoenas that the White House resists. Some judges in the early stages of such proceedings have said that a vote to open an impeachment inquiry would clarify matters.

 

With a majority of the House of Representatives on the record as favoring impeachment, such a vote should easily pass. Those who want one argue that it would deprive impeachment opponents or their objection that the proceedings are invalid. However, Speaker Pelosi and her allies say she is standing up for the integrity of the legislative branch by resisting calls from the other branches of government to hold such a vote. They note that the House determines its procedures, not the president or judges.

 

There is also a political consideration. With some Democratic House members representing districts that Donald Trump carried in 2016, a formal vote on impeachment could endanger their re-election chances.

 

The House is currently in recess for two weeks. It remains to be seen if members will persuade the Speaker to hold a vote, and what a refusal to do so will mean for the legal cases regarding impeachment-related subpoenas.

 

To read more about impeachment, check out VoteSpotter’s Deep Dive.

 

Do you think the House should hold a formal vote on opening an impeachment inquiry?

House Passes 2 Bills to Reform Treatment of Children at Border

The House of Representatives is taking aim at how the Trump Administration is treating migrant children who cross the U.S.-Mexican border.


This week members of the House passed two bills that would change key part of the Trump Administration’s strategy to deal with migrant children. Here is how VoteSpotter described them:

 

U.S. House Bill 3525 Mandate speedy medical checks of children detained at ports of entry

Passed 236 to 174 in the U.S. House

To mandate that anyone under the age of 18 who is detained at a port of entry to the U.S. must receive a medical check within 12 hours. For individuals who may have health problems, the deadline would be six hours.

 

U.S. House Bill 2203 Limit immigration child separations

Passed 230 to 194 in the U.S. House

To limit the circumstances when the Border Patrol or Department of Homeland Security may separate a child entering the country from a parent. With few exceptions this would be allowed only when a court determines it is in the child's best interest. The bill also establishes a variety of government commissions and committees to reform the way that the Department of Homeland Security operates regarding immigration as well as stopping some of the Trump Administration's new asylum rules.

 

These bills come in response to what some observers call abuses by the Border Patrol of children who are detained entering the U.S. The policy of separating children from adults when they arrive across the border has been an especially controversial policy. Under the legislation passed by the House, this could only occur under rare circumstances.

 

Those supporting these bills say that they are necessary to end inhumane treatment of children at the border. Those opposing them counter that this would needlessly hamstring the Border Patrol and would end up leading to higher levels of illegal immigration.

 

The bills now head to the Senate, where Majority Leader Mitch McConnell is unlikely to bring them up for a vote.

 

Do you think that the federal government should only be able to separate migrant children from parents under rare circumstances? Should the federal government provide medical checks to anyone under 18 within 12 hours of being detained when they enter the country?

 

Senate Again Votes to End Trump’s Border Wall Emergency

For the second time, the Senate has voted to terminate President Trump’s emergency declaration regarding the U.S.-Mexico border wall. But, once again, there were not enough votes to override a likely presidential veto, leaving the emergency declaration in place.

 

On September 25, the Senate votes 54-41 in favor of Senate Joint Resolution 54, which would terminate President Trump’s emergency declaration allowing him to re-allocate funds to build a border wall. The president issued such an emergency order on February 15 after Congress had refused to vote in favor of money for a wall between the U.S. and Mexico.

 

As explained in this VoteSpotter Deep Dive, the president has the power under a 1979 law to declare a national emergency. When this happens, he can shift some federal funds that were approved for other projects to meet the needs of whatever emergency the president has declared. However, Congress then has the ability to vote to terminate the emergency declaration.

 

Soon after this February declaration, both houses of Congress did indeed vote to terminate it. However, the president vetoed the termination resolution and there were not enough votes to override the veto. According to the law governing emergencies, termination votes can occur every six months. That is why the Senate once again took up this issue.

 

The Senate-approved resolution will now be considered by the House of Representatives, where it is likely to pass. The president is likely to veto it once again, and there is little chance that either house will override the veto. This will preserve the emergency declaration for at least another six months.

 

Do you think that Congress should end President Trump’s emergency declaration that allows him to move money around to pay for a border wall?

Deep Dive: Judiciary Committee Impeachment Investigation

This week the House Judiciary Committee voted in favor of a resolution to begin an impeachment inquiry on President Donald Trump. This is something that many Democrats have been pressing the committee to do. However, other Democrats, notably Speaker Nancy Pelosi, are cautious about impeachment, viewing it as politically risky. 

 

Impeachment is the bringing of charges against the president, vice president, or other “civil officials,” such as cabinet officers. Impeachment does not remove them from office, however. Instead, impeachment refers charges to the Senate, which then must vote to remove that person from office.

 

Impeachment and the Constitution

 

The Constitution establishes the impeachment and removal process, explaining it in a few key sections:

 

  • Article I, Section 2: The House of Representatives “shall have the sole Power of Impeachment.”

 

  • Article I, Section 3: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

 

  • Article II, Section 4: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

 

The U.S. impeachment and removal process is similar to the process that existed in Britain during the writing of the Constitution. However, the British Parliament impeaches and removes officials in one action. The framers of the U.S. Constitution made impeachment and removal two separate processes, thus weakening the ability of the legislative branch to remove executive branch officials.

 

How Impeachment and Removal Works

 

The House Judiciary Committee begins the impeachment process. Its members consider articles of impeachment, with approval coming with a majority vote. If approved, these articles of impeachment move to the full House of Representatives for a vote. The House then debates and votes on these articles. If a majority approves them, then that person has been impeached.

 

The Senate then begins its role. With the Chief Justice of the U.S. presiding, the Senate conducts a trial. The House of Representatives appoints members to manage the case before the Senate, laying out the charges contained in the articles of impeachment. The Senate then votes, with a two-thirds vote being necessary to remove that person from office.

 

Impeachment and removal may be for a public official’s criminal act, but they are not criminal proceedings. The only penalty, as the Constitution stipulates, is removal from office. The underlying crimes can be prosecuted by civil authorities, however, which may result in criminal conviction and penalties after impeachment and removal from office.

 

The History of Impeachment

 

The House of Representatives has considered over 60 impeachment cases, but most have failed. There have only been 8 instances where individuals have been impeached and removed from office. Fifteen judges have been impeached, as have 2 presidents:

 

  • Andrew Johnson: The House passed 11 articles of impeachment against Andrew Johnson in 1868. The Senate came within one vote of removing him from office.

 

  • Bill Clinton: The House passed 2 articles of impeachment against Bill Clinton in 1998. The Senate vote to remove him from office failed.

 

In 1974, the House began the impeachment process against President Richard Nixon. The House Judiciary Committee approved 3 articles of impeachment against him, but Nixon resigned prior to a full House vote.

 

Federal Judge G. Thomas Porteous, Jr., was the last official impeached and removed from office. His impeachment and conviction occurred in 2010.

 

The Clinton Impeachment

 

The last presidential impeachment and trial took place over 20 years ago, when the House of Representatives impeached President Bill Clinton. If there are proceedings initiated against President Trump, it would likely follow the pattern set during these proceedings.

 

In 1998, Independent Counsel Ken Starr provided a report to Congress that contained evidence gathered in the course of his investigation into various allegations against President Clinton. The House Judiciary Committee passed four articles of impeachment. Two were for perjury, one was for obstruction of justice, and one was for abuse of power. The full House of Representatives passed two of those articles of impeachment, one for perjury and one for obstruction of justice, on December 19, 1998.

 

The House of Representatives appointed thirteen managers to present their case to the Senate, which began its trial on January 7, 1999. Chief Justice William Rehnquist presided. The trial lasted a month, with the Senate beginning closed-door deliberations on February 9. The Senate took a vote on February 13 on the articles of impeachment. The Senate defeated the perjury charge by a vote of 45-55 and the obstruction of justice charge by 50-50. Sixty-seven votes would have been necessary to convict the president and remove him from office.

 

While both the votes in the House and Senate were largely along party lines, there were members of Congress who broke with their party leadership on impeachment or conviction. Senator Arlen Specter, a Republican senator from Pennsylvania (who later became a Democrat), voted “not proved.” Many observers saw these proceedings as an example of partisanship on both sides. This is in contrast with the impeachment proceedings that had begun against President Nixon, where a bipartisan consensus was forming to impeach and remove him from office prior to his resignation.

 

What This Means for You

 

The House Judiciary Committee vote means that this committee will begin investigating whether the president has committed the actions described in the Constitution that warrant impeachment. According to the resolution, "The Chairman may designate a full committee or subcommittee hearing as being for the purpose of the presentation of information in connection with the Committee's investigation to determine whether to recommend articles of impeachment with respect to President Donald J. Trump."

 

Many Democrats accuse the president of obstructing justice and other crimes. They say that it is the House’s duty to impeach under these circumstances. The House Judiciary Committee's actions could add more clarity to these charges. However, Speaker Pelosi has cautioned members that such a move is politically risky, pointing out that Republicans lost popularity when they impeached President Clinton in the 1990s.

 

With Democrats controlling the House of Representatives, there is a possibility that the Judiciary Committee and then the full House could pass impeachment articles. However, it is unlikely that the Senate would follow suit, given Republican control of the chamber. If the Senate would convict the president and remove him from office under this situation, then the vice president would assume office.

Trump Administration Takes Aim at Homelessness

President Trump has long criticized how Democratic politicians in California treat homelessness. Now his administration is looking into how the federal government can intervene to treat what the president sees as a crisis in that state.

 

Members of the Trump White House staff and the Department of Housing and Urban Development are meeting with California officials this week to discuss the issue. President Trump has highlighted what he sees as a growing homeless population in cities like San Francisco and Los Angeles and attacked the Democratic politicians that he says are failing to deal with it.

 

The Trump Administration is reportedly considering using the federal government to remove the homeless from the streets and house them in federal facilities. Dealing with homeless individuals has long been under the authority of local and state governments. It is unclear what authority the federal government has to intervene in a widespread way on this issue. Nevertheless, President Trump has said that he is considering what he could order done to reduce the number of people living on the street.

 

The homeless population of California is rising. Some state officials blame this on rising rent rates, and are embracing rent control as a potential solution. Others observers say that state regulatory barriers is driving up the cost to build housing, so the solution is to relax these restrictions. They also note that many homeless people have substance abuse issues or mental health problems, so their situation may not be related to the cost of housing.

 

Do you think the federal government should intervene in California to address the homeless issue?

Sanford Targets Federal Debt in Run against Trump

Mark Sanford wants to wrest the Republican presidential nomination from Donald Trump. He thinks that focusing on rising federal spending and debt is the way to do this.

 

Sanford announced his candidacy on Fox News Sunday over the weekend. On Twitter, he wrote that he was running for president because of his concern over rising national spending and debt accumulation:

 

We have a storm coming that we are neither talking about nor preparing for given that we, as a country, are more financially vulnerable than we have ever been since our Nation’s start and the Civil War. We are on a collision course with financial reality. We need to act now.

 

As discussed in a VoteSpotter Deep Dive, federal spending, the deficit, and debt are all rising. Yearly deficits are likely to reach over $1 trillion per year for the next decade. Phil Swagel, head of the Congressional Budget Office, recently wrote:

 

The nation’s fiscal outlook is challenging. Federal debt, which is already high by historical standards, is on an unsustainable course, projected to rise even higher after 2029 because of the aging of the population, growth in per capita spending on health care, and rising interest costs.

 

According to Sanford, President Trump bears a large responsibility for what he sees as a looming fiscal crisis. He noted that the president embraces debt and has presided over a large expansion of federal spending.

 

A former South Carolina governor and member of Congress, Sanford lost his seat to a Trump-backed primary challenger last year. He had been a critic of the president during his time in Congress, focusing mainly on what he saw as unsustainable federal spending.

 

Do you think that rising federal spending and debt are problems?

Trump May Allow More Logging in Alaskan National Forest

Nearly 20 years ago, President Bill Clinton put in place a sweeping order that placed millions of acres of national forests off-limits to logging. Now President Donald Trump is considering reversing that move for a national forest in Alaska.

 

During his last days in office, President Clinton signed an executive order that banned road construction in 58.5 million acres of national forests. This “roadless rule” effectively prevents logging and other activity, such as using motorized vehicles. In Alaska, governors and members of Congress have fought to have the rule rolled back for the Tongass National Forest. President Trump is considering allowing this.

 

National forests are designated for multiple uses, such as logging, mining, conservation, and recreation. Congress can also designate wild areas as “wilderness,” which prevents any motorized uses of that area. Portions of the Tongass National Forest have been designated as wilderness, and other portions already have roads built on them. President Trump’s move would affect over 9 million acres that are still covered by the roadless rule.

 

Alaskan officials who want to remove this area from the roadless rule note that the national forest was always intended for uses that included logging. They say that Congress has protected vital areas of the forest from human uses. They argue that logging can create jobs and remove dead and dying trees that could fuel wildfires. Environmentalists, however, push back against attempts to allow logging in the Tongass. They say that this is a vital area for salmon and old-growth forests.

 

After President Clinton left office, President George W. Bush tried to reverse the roadless rule. These efforts were tied up in the courts. Any move by President Trump to withdraw the roadless rule from the Tongass National Forest will also likely end up in multiple lawsuits.

 

Do you support allowing more logging in the Tongass National Forest?

Trump Administration May Push Payroll Tax Cut

With fears of a recession rising, the Trump Administration is downplaying any talk that an economic slowdown is imminent. However, some in the White House are considering a payroll tax cut as a way to help avert any decrease in economic growth.

 

The Trump Administration considers its previous tax cut an economic success, so another tax cut would, in the view of some officials, also spur the economy. This tax cut would center on a temporary reduction in the payroll tax. This tax funds Social Security. Unlike the income tax, which many lower-wage workers do not pay, all workers are hit by a payroll tax. Temporarily reducing this tax would be a broad-based tax cut.

 

A similar temporary tax cut was undertaken during the Obama Administration. A payroll tax cut is generally preferred by Democrats, because it targets lower-income workers. Supporters contend that it offers more immediate economic stimulus because these workers will spend the money quickly. Opponents of this type of tax cut point out that the revenue from a payroll tax funds Social Security. Reducing money to that program leads to a shorter time-frame in which it is fiscally solvent.

 

It is unclear if the Trump Administration will officially push for this type of tax cut or any other measure to stimulate the economy. The president has dismissed notions that there will be a recession, saying such talk is politically motivated.

 

Do you think that there should be a payroll tax cut to stimulate the economy?

Trump Rule Targets Immigrants Receiving Public Assistance

If you are an immigrant who is a recipient of a government assistance program, you may find it more difficult to become a permanent resident or a citizen under a new rule announced by the Trump Administration.

 

Current law allows the federal government to deny permanent residency or citizenship to immigrants who are public charges or likely to become public charges. Under the Trump Administration, proposal, the term “public charge” is broadened to include anyone who uses benefit programs like Medicaid, food stamps, or housing assistance. Under current regulations, a public charge is defined as someone who is primarily dependent on the government programs. Immigrants who are in the U.S. for five years can apply for most government assistance programs under federal law.

 

Critics see this is a way to rewrite immigration law to prioritize high-skilled immigrants over migrants from areas like Central America. They say that this will prevent immigrants who need government assistance from applying for it. Supporters counter that immigration law should encourage immigrants who will contribute to the U.S., not be dependent on taxpayers for support. They say that the law already prohibits permanent residency for immigrants who would drain government resources, and that this rule merely clarifies that standard.

 

The new regulation will go into effect in two months barring any court challenges. Immigrant rights groups are vowing to file lawsuits to stop it, however.

 

Should immigrants to receive government assistance be denied permanent residency in the U.S.?

Trump Considering Backing Background Checks for Private Gun Sales

In the wake of three recent mass shootings, there are increased calls for new gun control measures. President Trump has signaled his support for universal background checks, something that has put him at odds with some in the Republican Party.

 

Currently, federal law requires that any gun sales from federally-licensed firearms dealers must first go through a background check. Sales between private individuals do not have to complete a background check under federal law, although some states require this. President Trump is considering supporting legislation that would expand this mandate nationally.

 

Supporters of such a requirement say that it is necessary to close a "loophole" that allows people who are prohibited from owning firearms from buying them. They say that this will help stop dangerous people from owning guns. Opponents point out that the vast majority of gun sales already go through background checks, and this would only burden individuals who are looking to sell a gun from their private collection or pass along guns to family members.

 

While President Trump has signaled he supports legislation to require universal background checks, many in the Republican Party do not. The National Rifle Association has also come out against such a mandate. Senators Pat Toomey (R-PA) and Joe Manchin (D-WV) have introduced a bill that would put this requirement into law, but Senate Majority Leader Mitch McConnell has refused to schedule it for a Senate vote. It remains to be seen if President Trump will try to persuade Republicans to back this bill and expand the federal background check requirement.

 

Do you think that all gun sales, including private sales between individuals, should go through the federal background check system?

 

Recent Shootings Prompt Calls for Gun Control

After three recent mass shootings, Democrats are renewing their calls for more federal gun control laws. However, congressional Republicans and President Trump are pushing back, saying instead that the focus should be on mental illness.

 

Dozens were killed and wounded by shooters in California, Texas, and Ohio in recent days. This has led some to say that such shootings could be prevented with stronger laws restricting the sales of guns and what types of guns can be possessed. Among the measures being proposed is a ban on so-called “assault rifles” and expanded background checks. Some state lawmakers are also supporting “red flag” laws that allow law enforcement to seize guns from individuals suspected of posing an immediate threat.

 

The House of Representatives has passed legislation that would mandate that private sales and transfers of guns go through background checks. Currently anyone who has a federal firearms license must conduct a background check, but private sales between individuals do not require such checks. Senate Majority Leader Mitch McConnell has not scheduled this bill for a vote in the Senate, and is unlikely to do so.

 

Supporters of these gun control measures say that they are necessary to keep guns out of the hands of individuals who commit mass shootings. Opponents argue that these measures will only hurt law-abiding gun owners. They point out that the vast majority of gun owners do not commit crimes, so the focus should be on the small number of individuals who misuse them. President Trump tweeted his support for looking at mental health issues after these shootings.

 

Do you think that there should be stronger gun control laws? Or is the problem related to mental health, not guns?

Biden Opposes Decriminalizing Unauthorized Border Crossings

Immigration has already been a big issue during the 2020 presidential race, and it will continue to feature prominently in the campaign. Former Vice President Joe Biden is seeking to distinguish himself from the field of Democratic candidates by coming out in opposition to decriminalizing unauthorized border crossing.

 

Biden made his stance on this issue known during last night’s CNN Democratic debate. He said that he opposed changing the law that makes it a misdemeanor to cross the U.S. border without authorization. He was responding to the stance of some Democratic candidates who had said that having such a law on the books has led to family separation at the U.S.-Mexican border.

 

Other Democrats on the stage attacked Biden’s immigration stance, saying that he shares blame for the Obama Administration’s large number of deportations. Biden said that he does not support returning to the deportation policy of those years.

 

With President Trump’s actions to restrict immigration and impose more border control, the Democratic candidates running for president are seeking to outline how they would differ from the president on these issues. Biden is staking out a less liberal plan than some in the party, although his ideas are far more liberal than those of President Trump.

 

Do you think that it should be a crime to cross the border without authorization? Or should it be a civil citation that does not require detention?

California Mandates Release of Presidential Candidate Tax Returns

When he ran for president, Donald Trump broke with decades of tradition when he refused to release his tax returns. Under a new California law, he will be unable to appear on the 2020 primary election ballot in that state unless he does so.

 

Governor Gavin Newsom signed a bill yesterday that requires anyone whose name appears on the California primary ballot to submit five years of tax returns to the state. Those returns will then be posted online. The state’s previous governor, Jerry Brown, vetoed a similar bill when he was in office.

 

New York’s law to require that presidential candidates disclose their tax returns to the state legislature is tied up in court. No other state has such a requirement. When he vetoed the previous California bill, then-Gov. Brown said that he was concerned about its constitutionality. Many observers think mandating the disclosure of presidential tax returns places an additional requirement for president, which the Constitution does not allow.

 

From Richard Nixon onward, presidential candidates have released their tax returns to the public. Supporters of this practice say that it gives voters information to see if there are any conflicts of interest. President Trump was the first candidate not to do this in recent times, citing a variety of concerns.

 

Candidates wishing to compete in California’s primary election have until November to submit their tax returns. There will likely be a legal challenge to the law, however, which will almost certainly mean that it will not be in effect for next year’s election.

 

Should states mandate that presidential candidates release their tax returns? Or does this requirement violate the Constitution?

Senate Continuing to Focus on Confirming Trump Nominees

Senator Majority Leader Mitch McConnell (R-KY) has made no secret that he wants to see the Senate confirm as many of President Trump’s nominees as possible. This has become a top priority for the upper chamber, with far more votes occurring on nominations than on legislation.

 

Many of the nominees being confirmed are federal judges. When Democrats controlled the Senate, they had eliminated the filibuster for some judges; under Sen. McConnell’s leadership, the Senate ended the filibuster entirely for judges and other nominees. The majority leader also reduced the time necessary to consider nominees.

 

The result has been numerous nominee votes during 2019. In recent weeks, these have included some confirmation votes that were broadly bipartisan. The Senate confirmed General Mark Milley as Chairman of the Joint Chiefs of Staff by a vote of 89-1 and Mark Esper as Secretary of Defense by a vote of 90-8.

 

Some confirmation votes split the Democratic caucus, with a sizable number of Democrats supporting President Trump’s nominee. These include Donald Tapia’s nomination to be ambassador to Jamaica (confirmed 66-26), Thomas Barber’s nomination to be a federal judge for the Middle District of Florida (confirmed 77-19), and Rodney Smith’s nomination to be a federal judge for the Southern District of Florida (confirmed 78-18).

 

Most confirmation votes fall largely on partisan lines, however. The Senate confirmed Brian Buescher as federal judge for the District of Nebraska by a vote of 51-40, Wendy Williams Berger as federal judge for the Southern District of Florida by a vote of 54-37, Stephen Dickson to be Federal Aviation Administration Administrator by a vote of 52-40, and Daniel Bess to be a judge on the Ninth Circuit Court of Appeals by a vote of 53-45.

 

These votes fall in line with the pattern of other confirmations during the Trump Administration. A few nominations receive widespread bipartisan support, but most only attract a handful of Democratic votes. Supporters of the president say that this is an example of Democratic obstructionism, in which they will do anything to stymie the president. Critics of the president counter that he is nominating radical or unqualified people for these posts, and senators are only doing their duty in opposing them.

 

Do you think that President Trump’s nominees should receive wider bipartisan support? Or are Democratic senators right in opposing many of them?

Trump, Pelosi Agree on Spending Increase, Debt Limit

While President Donald Trump and House Speaker Nancy Pelosi have their differences, they have found common ground in at least two areas: an increase in federal spending and a suspension of the debt limit.

 

The president and the Speaker of the House, along with Senate Majority Leader Mitch McConnell, announced that they have come to a budget agreement that includes $320 billion in new spending and a two-year suspension of the debt limit.

 

Some see this as a victory for responsible government, as it averts a government shutdown this year and the possibility that the federal government would default on its debt payments. During both the Trump and Obama Administrations, there have been numerous government shutdowns due to differences over federal spending or threats of a shutdown. There have also been repeated attempts to stop the debt limit from increasing, which would end the capacity of the federal government to borrow money to cover the budget deficit. President Trump praised the new spending as a way to revive American military strength.

 

However, this deal has drawn strong criticism from both liberals and conservatives. Liberals do not like that this agreement precludes them from using the spending process to stop the Trump Administration’s actions at the border. They argue that Congress is giving up a prime way to counter the president’s moves. Conservatives, on the other hand, decry the increased spending and government borrowing that will come from this agreement. They note that the president ran on a platform of fiscal responsibility, and that this deal is the opposite of that.


When President Trump entered office, the budget deficit was $516 billion. It will likely top $1 trillion this year. Government debt was $19 billion when the president was sworn in; today, it is $22 trillion.

 

Congress must pass this budget deal. While party leaders in both the House and Senate support it, there will be strong opposition from some members.

 

Do you support the budget deal that President Trump and Nancy Pelosi negotiated? Do you agree that the federal government should spend an additional $320 billion? Is it a good idea to suspend the debt limit?

House to Consider Bill to Raise Immigration Detention Standards

The situation at the U.S.-Mexican border continues to be the center of attention for many elected officials. Both President Trump and Democrats in Congress are focusing on this issue, though with widely different ideas on how to solve the problems on the southern border. This week the House of Representatives will vote on one idea put forward by Democrats – increasing the standards of care for those detained by Customs and Border Protection (CBP).

 

Some observers have criticized the CBP for detaining individuals under inhumane conditions. Rep. Raul Ruiz (D-CA) has introduced H.R. 3239, the “Humanitarian Standards for Individuals in Customs and Border Protection Custody Act.” This bill would require that CBP provide the following services to those in its custody:

  • A health screening
  • Emergency medical care
  • Access to drinking water and hygiene facilities
  • Adequate meals

 

The legislation also sets standards for the buildings housing detainees and forbids unaccompanied minors from being housed with adults. In addition, the bill would require that members of Congress have access to these facilities.

 

Following visits to CBP facilities, some members of Congress have decried the conditions there and have complained about their treatment by CBP staff. Some have even labeled such facilities as “concentration camps.” This charges have met pushbacks by Trump Administration officials, who say that detainees are being treated as well as possible under the circumstances of a rising tide of illegal immigration.


The House is expected to pass H.R. 3239 this week. However, it is unlikely to receive a vote in the Senate.

 

Do you think that Congress should pass legislation to mandate certain standards of care for immigration detention facilities?

 

 

 

 

House to Consider Moving Forward on Impeachment

Yesterday, Rep. Al Green (D-TX) introduced articles of impeachment against President Trump. In those articles, Rep. Green accuses President Trump of high crimes and misdemeanors for his comments about four members of Congress. Rep. Green’s motion is a privileged motion, which means that it requires a vote within two days. Today, the House of Representatives will vote on a procedural motion that could either begin or kill impeachment proceedings. House Speaker Nancy Pelosi is expected to make a motion to table, or indefinitely delay, consideration of these articles.

 

Impeachment is the bringing of charges against the president, vice president, or other “civil officials,” such as cabinet officers. Impeachment does not remove them from office, however. Instead, impeachment refers charges to the Senate, which then must vote to remove that person from office.

 

Impeachment and the Constitution

 

The Constitution establishes the impeachment and removal process, explaining it in a few key sections:

 

  • Article I, Section 2: The House of Representatives “shall have the sole Power of Impeachment.”

 

  • Article I, Section 3: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

 

  • Article II, Section 4: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

 

The U.S. impeachment and removal process is similar to the process that existed in Britain during the writing of the Constitution. However, the British Parliament impeaches and removes officials in one action. The framers of the U.S. Constitution made impeachment and removal two separate processes, thus weakening the ability of the legislative branch to remove executive branch officials.

 

How Impeachment and Removal Works

 

The House Judiciary Committee begins the impeachment process. Its members consider articles of impeachment, with approval coming with a majority vote. If approved, these articles of impeachment move to the full House of Representatives for a vote. The House then debates and votes on these articles. If a majority approves them, then that person has been impeached.

 

The Senate then begins its role. With the Chief Justice of the U.S. presiding, the Senate conducts a trial. The House of Representatives appoints members to manage the case before the Senate, laying out the charges contained in the articles of impeachment. The Senate then votes, with a two-thirds vote being necessary to remove that person from office.

 

Impeachment and removal may be for a public official’s criminal act, but they are not criminal proceedings. The only penalty, as the Constitution stipulates, is removal from office. The underlying crimes can be prosecuted by civil authorities, however, which may result in criminal conviction and penalties after impeachment and removal from office.

 

The History of Impeachment

 

The House of Representatives has considered over 60 impeachment cases, but most have failed. There have only been 8 instances where individuals have been impeached and removed from office. Fifteen judges have been impeached, as have 2 presidents:

 

  • Andrew Johnson: The House passed 11 articles of impeachment against Andrew Johnson in 1868. The Senate came within one vote of removing him from office.

 

  • Bill Clinton: The House passed 2 articles of impeachment against Bill Clinton in 1998. The Senate vote to remove him from office failed.

 

In 1974, the House began the impeachment process against President Richard Nixon. The House Judiciary Committee approved 3 articles of impeachment against him, but Nixon resigned prior to a full House vote.

 

Federal Judge G. Thomas Porteous, Jr., was the last official impeached and removed from office. His impeachment and conviction occurred in 2010.

 

The Clinton Impeachment

 

The last presidential impeachment and trial took place over 20 years ago, when the House of Representatives impeached President Bill Clinton. If there are proceedings initiated against President Trump, it would likely follow the pattern set during these proceedings.

 

In 1998, Independent Counsel Ken Starr provided a report to Congress that contained evidence gathered in the course of his investigation into various allegations against President Clinton. The House Judiciary Committee passed four articles of impeachment. Two were for perjury, one was for obstruction of justice, and one was for abuse of power. The full House of Representatives passed two of those articles of impeachment, one for perjury and one for obstruction of justice, on December 19, 1998.

 

The House of Representatives appointed thirteen managers to present their case to the Senate, which began its trial on January 7, 1999. Chief Justice William Rehnquist presided. The trial lasted a month, with the Senate beginning closed-door deliberations on February 9. The Senate took a vote on February 13 on the articles of impeachment. The Senate defeated the perjury charge by a vote of 45-55 and the obstruction of justice charge by 50-50. Sixty-seven votes would have been necessary to convict the president and remove him from office.

 

While both the votes in the House and Senate were largely along party lines, there were members of Congress who broke with their party leadership on impeachment or conviction. Senator Arlen Specter, a Republican senator from Pennsylvania (who later became a Democrat), voted “not proved.” Many observers saw these proceedings as an example of partisanship on both sides. This is in contrast with the impeachment proceedings that had begun against President Nixon, where a bipartisan consensus was forming to impeach and remove him from office prior to his resignation.

 

What This Means for You

 

Aside from Rep. Green's motion, there is growing movement in the Democratic caucus in the House of Representatives to begin impeachment proceedings against Donald Trump. These members accuse the president of obstructing justice and other crimes, saying that it is the House’s duty to impeach under these circumstances. Speaker Pelosi has cautioned members that such a move is politically risky, pointing out that Republicans lost popularity when they impeached President Clinton in the 1990s. Her move to table Rep. Green's articles fit in with her longstanding reluctance to launch an inquiry that could lead to impeachment.

 

With Democrats controlling the House of Representatives, there is a possibility that it could pass impeachment articles. However, it is unlikely that the Senate would follow suit, given Republican control of the chamber. If the Senate would convict the president and remove him from office under this situation, then the vice president would assume office.

House Democrats Ready Resolution to Condemn Trump’s Tweets

President Donald Trump’s rhetoric on Twitter is once again causing controversy. This time it may lead to a formal vote of condemnation in the House of Representatives.

 

On Sunday, President Trump tweeted that four Democratic members of Congress -- Reps. Alexandria Ocasio-Cortez (D-NY), Ilhan Omar (D-MN), Ayanna Pressley (D-MA), and Rashida Tlaib (D-MI) – should “go back” to their home countries. Rep. Omar is the only one of these four who was born outside the U.S.

 

This brought swift condemnation from many for being racist and for trying to silence his critics. In a series of continuing tweets, the president denied that he was racist. He also continued attacking these members of Congress, saying that they hate America and should apologize to him, the U.S., and Israel for their actions.

 

House Speaker Nancy Pelosi plans a vote on House Resolution 489 this week. The resolution reads, in part:

 

Whereas President Donald Trump’s racist comments have legitimized fear and hatred of new Americans and people of color: Now, therefore, be it

 

Resolved, That the House of Representatives—

 

(1) believes that immigrants and their descendants have made America stronger, and that those who take the oath of citizenship are every bit as American as those whose families have lived in the United States for many generations;

 

(2) is committed to keeping America open to those lawfully seeking refuge and asylum from violence and oppression, and those who are willing to work hard to live the American Dream, no matter their race, ethnicity, faith, or country of origin; and

 

(3) strongly condemns President Donald Trump’s racist comments that have legitimized and increased fear and hatred of new Americans and people of color by saying that our fellow Americans who are immigrants, and those who may look to the President like immigrants, should “go back” to other countries, by referring to immigrants and asylum seekers as “invaders,” and by saying that Members of Congress who are immigrants (or those of our colleagues who are wrongly assumed to be immigrants) do not belong in Congress or in the United States of America.

 

This resolution will have no force of law, but it would indicate that the House of Representatives disapproves of the president’s attacks its members.

 

Do you think that the House of Representatives should vote to condemn President Trump’s attacks on some members of Congress? Do you think that telling minority members of Congress to “go back” to their home countries is racist?

 

 

Trump Hosts Social Media Summit

 

President Trump is no stranger to social media. His tweets make news on an almost daily basis, and have helped shape his presidency. But the president has issues with social media companies, saying they discriminate against conservative viewpoints. Today he hosted a summit at the White House to discuss these concerns.

 

The president invited members of Congress, think tank analysts, campaign strategists, and some online personalities to attend the summit. He tweeted that he was concerned about “be the tremendous dishonesty, bias, discrimination and suppression practiced by certain companies.” This echoes complaints of some conservative activists that Google, Facebook, and Twitter have tried to silence them.

 

Tech companies deny they have a bias against conservative voices. However, President Trump and his allies argue that they are engaging in censorship and may need stronger federal regulation. Others push back against this suggestion, saying that it would violate the Constitution for the government to interfere with how these companies operate their platforms.

 

It is unclear if there will be any policy goals that emerge from this social media summit, but President Trump will likely continue to decry what he sees as unfair treatment from technology companies.

 

Do you think that social media companies are biased against conservatives? Should the federal government regulate how these companies treat users?

Court Won’t Let Border Wall Plans Move Forward

The Trump Administration wants to move forward with building a border wall between the U.S. and Mexico, but lawsuits are stopping this from happening. A federal appeals court this week declined to issue a stay that would allow the wall work to proceed.

 

President Trump has made a border wall a top priority for his administration. Congress, however, has failed to provide money to build one. After a government shutdown earlier this year over the issue, the president used his emergency power to re-allocate funds to build such a wall. Residents in the border area went to court to stop this construction.

 

These residents argued that the president is violating the Constitution and federal law by his emergency action. They say that Congress did not appropriate funds for a border wall, so the president should not be able to build a wall. Federal courts have agreed with this argument, stopping the Trump Administration from proceeding with border barriers.

 

The Justice Department asked the 9th Circuit Court of Appeals to stay these lower court orders, which would allowed construction to begin. By a 2-1 decision, a panel of this court’s judges disagreed. They wrote that the president is indeed misusing his authority:

 

The Constitution assigns to Congress the power of the purse. Under the Appropriations Clause, it is Congress that is to make decisions regarding how to spend taxpayer dollars. Congress did not appropriate money to build the border barriers Defendants seek to build here. Congress presumably decided such construction at this time was not in the public interest. It is not for us to reach a different conclusion.

 

The Trump Administration argues that the wall is necessary to secure the border from drug traffickers and illegal immigrants.

 

This decision by the 9th Circuit judges does not end the matter. The Justice Department can continue its legal fight in favor of the border wall, which means the Supreme Court may ultimately decide this matter.

 

Do you think that President Trump misused his power to spend money for a border wall when Congress did not authorize such spending?

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