Posted by 11 October 2019
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?