President Trump

Commentary & Community

Court Upholds Cutting Funds to Sanctuary Cities

President Trump has made no secret about his anger over some cities refusing to cooperate with federal immigration agents. Now a federal appeals court has given his administration the go-ahead to cut some funding for such jurisdictions.

 

The federal government cannot compel local governments, such as states and cities, to enforce federal law. These governments can choose to cooperate with federal law enforcement agencies, and routinely do. But so-called “sanctuary cities” have put in place policies that prohibit their law enforcement personnel from honoring requests from federal immigration agents or notifying the federal government of detainees’ immigration status.

 

These policies do not break federal law, so there is no way for the Department of Justice (DOJ) to attack them in court. However, the federal government does provide law enforcement grants to these jurisdictions. Under then-Attorney General Jeff Sessions, the DOJ announced a policy of reducing federal funding to areas with sanctuary policies.

 

Some of these jurisdictions sued, saying that this funding cutoff was unrelated to the purpose of public safety grants. This week, however, a federal appeals court ruled that the Trump Administration could indeed reduce funding under these grounds. The court held that Congress gave the Attorney General broad leeway to write rules and conditions for these grants.

 

The cities affected by this ruling are likely to appeal. The case could end up before the Supreme Court.

 

Do you support cutting some federal funding for “sanctuary cities” that refuse to cooperate with federal immigration agencies?

President Trump Releases His Budget

President Trump released his annual budget today, which has led to many news stories about how he plans on cutting certain programs or changing the way the federal government works. President Trump may indeed have ideas about how the federal government should spend money, but he cannot do anything alone. The $4.8 trillion budget (an increase of $700 billion over the previous fiscal year) he released is merely the official start of the budget process.

 

The process for determining how much money the federal government will spend in the next fiscal year will take until at least October, more likely longer. There are many steps that Congress must take between now and then until we know how much money individual departments or agencies will receive.

 

The President’s Budget

 

While the law states that the president must submit his budget by the first Monday of February, in many years presidents submit them later (President Trump only missed this deadline by a week – last year he submitted his budget in March). The president’s budget has a few parts:

  • Recommendations on spending for the next fiscal year (which runs from October 1 through September 30)
  • Proposals for major policy changes that have budget implications, such as reforms to programs like Social Security or Medicaid
  • Projections for future spending levels, revenue collections, and budget deficits
  • Historical data on spending and revenue amounts

 

It is important to outline a few things that the president’s budget does not do:

  • It does not set any spending. It merely recommends what the president would like to see spending levels set at.
  • It is not law. This is not the president announcing how spending will proceed in the next fiscal year. If he recommends the elimination of a certain program or cuts in another program, these eliminations or cuts will not happen unless Congress agrees.
  • It does not bind Congress to do anything. The president’s budget is delivered to Congress, but Congress does not have to adopt any of it. In fact, Congress routinely ignores it.

 

So why is the president’s budget resolution important? Its importance lies in laying out the president’s overall vision for federal spending. It indicates the programs he thinks are important, those he thinks should be cut (or eliminated), and often outlines a path towards a balanced budget.

 

However, as a practical matter, the president’s budget resolution does not directly affect spending. It may indicate that, as Congress finishes up its spending process (described below), the president may veto spending bills that deviate from his priorities. Even that is not necessarily true, however, as negotiations over actual spending bills later in the year often ignore the president’s budget priorities in favor of more immediate concerns.

 

President Trump’s Fiscal Year 2021 budget proposal, released on February 10, can be found here.

 

Congressional Budget Resolutions

 

Once the president releases his budget, the House and Senate Budget Committees consider them. The Congressional Budget Office (CBO) also analyzes the budget. The committees consider the CBO analysis and are supposed to release their budget resolutions by April 1. The full House and Senate then consider these resolutions and adopt them, usually with amendments, by April 15.

 

The adopted budget resolutions are not laws, so are not subject to presidential veto. However, they do set the funding allocations that the appropriations committees in each house use to set their spending bills. These committees, described in more detail below, set the actual spending levels for the fiscal year for discretionary government programs (that is, for programs that are not entitlements such as Social Security or Medicaid).

 

While passing a budget resolution is helpful in setting a federal spending blueprint, it is not mandatory. In fact, in Fiscal Years 2011, 2012, 2013, and 2020, Congress did not pass a budget resolution. When that happens, the prior year’s budget resolution sets the spending blueprint that appropriations committees follow.

 

These budget resolutions can also contain “reconciliation instructions.” These are instructions to committees to make changes to the law that have budget implications. The reconciliation process is not subject to a Senate filibuster, and must be considered on a faster timeframe than other legislation. That makes it a useful tool to enact policy that does not have strong bipartisan support.

 

The Appropriations Process

 

The House and Senate Appropriations Committees are the committees that actually set spending levels for discretionary government programs. These committees each have 12 subcommittees that use the budget resolution allocations to determine how much government departments and agencies spend.

 

These 12 appropriations bills are supposed to be completed by Congress and signed by the president by the beginning of the fiscal year, October 1. That rarely happens. This leads to a variety of maneuvers to fund the federal government for temporary time periods or, failing that, a government shutdown.

 

What Does This Mean to You?

 

The budget process is how the government determines how much it will spend on the programs it administers. It also helps determine how much the deficit will be and how much the government will add to the national debt. If this process breaks down due to disagreement between the President and Congress, it could also lead to another government shutdown. Since President Trump has just released his budget, it remains to be seen what will happen with spending, the deficit, and a possible government shutdown this year.

Senate Fails to Remove Trump from Office

The Senate has brought an end to the impeachment trial of President Trump, refusing to remove him from office.

 

Senators rejected the first impeachment article, abuse of power, by a vote of 48-52. They rejected the second impeachment article, contempt of Congress, by a vote of 47-51. Of the Republicans, only Sen. Mitt Romney from Utah voted “yes” on either article – he voted in favor of removing the president for abusing his office.

 

Two-thirds of the senators present would need to approve either article of impeachment in order for the president to be removed from office and be barred from holding office again.

 

These votes bring to an end a bitter fight over impeachment. The House of Representatives passed their two impeachment articles against the president in December. After weeks of delay, Speaker Nancy Pelosi transmitted them to the Senate, where the trial began last month. Democrats called for a longer trial with witnesses, but Senate Republicans voted these efforts down.

 

Do you support the Senate’s refusal to remove President Trump from office?

Trump Pushes for School Choice in State of the Union Speech

Proponents of school choice received a boost from President Trump during his State of the Union Address.

 

In his speech, the president attacked Pennsylvania Governor Tom Wolf for vetoing an expansion of that state’s program that gives tax credits to taxpayers who donate to school scholarships. These scholarships can be used to pay for private school tuition or other education expenses. President Trump invited a Pennsylvania student and her mother to be his guest at the speech, and he argued that Gov. Wolf was trying to deny her a better education.

 

President Trump used this as an example of why Congress should pass national legislation that would provide tax credits for school choice scholarships. Supporters of this idea argue that it will help students escape failing public schools. They say that children from lower-income families should have the opportunity to go to private schools just as children from higher-income families do. Opponents counter that school choice is a way to undermine public schools that are open to all children. They argue that subsidizing private school tuition would, among other things, lead to less racial integration in schools.

 

School choice programs have expanded at the state level over the past two decades. Besides approval of a private school subsidy program for Washington, D.C., there has been little movement on this issue at the national level, however.

 

It is unlikely that the Democratic-controlled House of Representatives would pass school choice legislation.

 

Do you support national legislation that would provide tax credits for taxpayers who contribute to education scholarship funds?

Trump Appears at Annual March for Life

Today is the 47th annual March for Life. But this year, the marchers have a special guest who has never joined them before – the president of the United States.

 

The March for Life is a yearly demonstration in Washington, D.C., near the anniversary of the Supreme Court decision Roe v. Wade. That decision legalized abortion nationally. Republican presidents in the past have spoken before the March for Life, but have never appeared in person. This week, President Trump tweeted that he would join the marchers.

 

The march is occurring as anti-abortion legislators are enacted a raft of bills restricting the practice nationwide. These include laws that impose a host of new regulations on abortion clinics to outright bans after a fetal heartbeat can be detected. Federal judges have prevented most of these laws from going into effect. Supporters hope that the Supreme Court will take up one of these cases and use it to overrule Roe v. Wade and other decisions that have found that abortion is a constitutionally-protected right. If this occurs, then states would be free to legalize or ban abortion.

 

At the federal level, however, there is little momentum for nationwide laws dealing with abortion. Annual spending bills have a provision, known as the Hyde Amendment, that bars federal money from being used to pay for abortion except in limited circumstances. Some Democratic lawmakers want to see this removed, but have yet to succeed in doing so.

 

Do you support placing more restrictions on abortion, or banning it completely?

VoteSpotter Deep Dive: Senate Impeachment Trial

After weeks of delay, the House Speaker Nancy Pelosi has transmitted the articles of impeachment to the Senate. By a vote of 228-193, the House of Representatives appointed impeachment managers. This follows two votes by the House on December 18 to impeach President Trump on charges of abuse of power and obstruction of Congress. The Senate is expected to take up the trial of President Trump on January 21. This VoteSpotter Deep Dive takes a look into this process and what the Senate will do next. 

 

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 Removal by the Senate 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 Chief Justice presides, but does not have any say in trial’s outcome. He can make rulings on points of procedure, but a majority of the Senate can overrule him.

 

There are established rules that govern impeachment trials by the Senate. These rules include:

  • Senators must keep silent while the case for removal is being made.
  • The Senate may compel witnesses to testify, but witnesses are not mandatory for a trial.
  • Counsel for the accused can speak in defense of his client, or the person accused may appear to rebut the charges.
  • If senators have any objections or procedural motions, they must be made in writing to the presiding officer.
  • Only House managers or the counsel for the accused may question witnesses directly. If senators wish to question witnesses, they must submit their questions to the presiding officer.

 

When the trial begins in the Senate, that body will approve new procedures and rules to govern this particular situation. These rules can pass by simple majority.

 

The House of Representatives appoints members to manage the case before the Senate, laying out the charges contained in the articles of impeachment. The president’s counsel will present the case to the Senate why the president should not be removed. Every member of the Senate will be present in the Senate chambers to hear these managers lay out the case for removing the president from office. After the House managers conclude their case, the senators will enter a closed session to deliberate. The Senate then votes in open session, with a two-thirds vote of the members present 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

 

Senate Majority Leader Mitch McConnell has said that the Senate impeachment trial will take place on January 21. It could last a week or longer. With many Republican members of the Senate expressing skepticism about the case against the president, it is unlikely that the Senate would have enough votes to remove him from office. If the Senate would convict the president and remove him from office, then the vice president would assume office.

 

House Sends Impeachment Articles to the Senate

The House voted on December 18 to impeach Donald Trump. Today it finally voted to send the impeachment articles to the Senate.

 

As explained in our VoteSpotter Deep Dive, impeachment is only one step in the process of removing the president. The Senate must hold a trial and two-thirds of its members must convict the president before that happens. But in order for the Senate to hold a trial, the House must provide the articles of impeachment to the Senate. It must also approve managers who will present the House’s case to the senators when they are assembled for the trial.

 

By a vote of 228-193, the House approved the following members as impeachment managers:

  • Adam Schiff (D-CA)
  • Jerry Nadler (D-NY)
  • Zoe Lofgren (D-CA)
  • Hakeem Jeffries (D-NY)
  • Val Demings (D-FL)
  • Jason Crow (D-CO)
  • Sylvia Garcia (D-TX)

 

This vote also approves sending the articles of impeachment to the Senate.

 

Senate Majority Leader Mitch McConnell has indicated that the Senate trial will convene in January 21. Chief Justice John Roberts will preside, as the Constitution commands. Look for an upcoming Deep Dive to explain in more detail what the Senate will do during this trial.

 

For weeks, Speaker Pelosi had resisted calls to send the impeachment articles to the Senate. She said that she was concerned about the Senate’s procedures. She wanted senators to hear from witnesses and take other steps that she said would make the trial fairer. Majority Leader McConnell demurred in any commitments on Senate procedure.

 

Do you think that Speaker Pelosi should have waited so long to transmit the articles of impeachment to the Senate?

Congress Votes to End Military Activities against Iran

The House of Representatives yesterday expressed its displeasure with President Trump’s military actions against Iran.

 

By a vote of 224-194, the House passed House Concurrent Resolution 83, which invokes the War Powers Act to end Iranian hostilities. The resolution states that the President must stop military action against or in Iran until:

 

(1) Congress has declared war or enacted specific statutory authorization for such use of the Armed Forces; or

 

(2) such use of the Armed Forces is necessary and appropriate to defend against an imminent armed attack upon the United States, its territories or possessions, or its Armed Forces, consistent with the requirements of the War Powers Resolution.

 

This resolution was prompted by President Trump’s drone strike, which killed a top Iranian general. Many members of Congress have said this action will likely lead to war with Iran. They point out that the Constitution requires that Congress declare war. President Trump pushed back, saying that what he did was allowed because he is commander-in-chief. He said that the drone strike saved American lives and stopped an imminent threat.

 

The War Powers Act, invoked by this resolution, requires that presidents consult with Congress before military actions and seek congressional approval for longer-term military deployments. Enacted in the 1970s in the wake of the Vietnam War, presidents have routinely claimed that the law is an unconstitutional violation of their powers as commander-in-chief.

 

The vote was mainly along party lines. Three Republicans and one independent voted in favor of the resolution. Eight Democrats voted against it. The Senate is unlikely to take up a similar resolution.

 

Do you think that military action against Iran should stop until Congress votes to declare war against that country?

Speaker Pelosi Still Refusing to Transmit Impeachment Articles

The House has voted to impeach President Trump. The next step in the process should be a trial in the Senate. But that is not happening (for now). Speaker of the House Nancy Pelosi is refusing to send the articles of impeachment to the Senate. Until that happens, no trial can take place.

 

The House votes on the two articles of impeachment occurred on December 18. Under normal procedure, the House would transmit the approved articles shortly after the vote. This allows the Senate to proceed to a trial. However, Speaker Pelosi has so far refused to transmit these articles to her counterparts across the Capitol building.

 

When either the House or Senate passes legislation or a resolution, a signed, or enrolled, copy of that item is hand-carried to the clerk of the other chamber. Only when that document is received by that chamber can its members then vote on it. If such a transmission does not happen, the body cannot act.

 

Speaker Pelosi is expressing concerns over how the Senate trial will be conducted. Senate Majority Leader Mitch McConnell has refused requests to allow witnesses or take other actions during the trial that Democrats have requested.

 

If Speaker Pelosi refused to provide the articles of impeachment to the Senate, there will be no trial. Some scholars say that the refusal to complete this process will invalidate the House’s actions, and President Trump will not have actually been impeached. The Constitution is silent on this issue. It does not require that the House will transmit the articles of impeachment to the Senate, but it does envision a two-part process where the House does its duty and the Senate then completes the process.

 

For more information on impeachment, check out VoteSpotter’s Deep Dive here.

 

Do you think that Speaker Pelosi should transmit the articles of impeachment to the Senate?

Trump Orders Drone Strike on Top Iranian Official

A U.S. drone strike yesterday killed Qasem Soleimani, a high-ranking Iranian military official. President Trump said he ordered the killing to disrupt a plot that would have killed Americans. Some Democrats are questioning whether it is wise for the U.S. to heighten military tensions with Iran.

 

Soleimani was a key figure in Iranian efforts to train paramilitary groups that advances Iranian goals in the Middle East. U.S. officials blamed him for playing a large role in the recent unrest that has engulfed the U.S. embassy in Iraq.

 

The U.S. and Iran have a long history of conflict since the late 1970s, when Muslim fundamentalists took over the nation from the American-backed shah. Since the U.S. invasion of Iraq, Iran has been influencing Shiite militia in that nation in ways that counter American interests.

 

President Trump said that Soleimani has been responsible for American deaths in the past. Military officials say that he was planning a new attack, one that could have killed dozens or hundreds of Americans. They say that his killing will likely disrupt that plan.

 

Some Democrats in Congress accuse the president of launching the drone attack as a way to distract from impeachment. They say that the Trump Administration is focused on escalating tensions with Iran instead of seeking ways to bring peace to the region.

 

Do you support the Trump Administration’s policy towards Iran?

Flavored Vaping Pods Targeted by Trump Administration

The sale of most flavored e-cigarette pods will soon be illegal.

 

The Trump Administration has announced a ban on pods that contain flavored juices for e-cigarettes, except for tobacco and menthol flavors. Citing concerns with these pods being popular with teenage vapers, the Food and Drug Administration (FDA) says this ban is necessary to protect public health.

 

In September, President Trump announced that his administration would ban all flavored vaping juice. The actual policy falls short of this sweeping ban, only covering closed pods. Flavored vaping juices sold at vape stores would still be permitted to be sold. Some presidential advisers argued that a widespread ban would lead to job loss in the vaping industry.

 

Supporters of this ban contend that flavored vaping juices are attractive to teenagers. They argue that these flavors get teenagers hooked on an unhealthy habit. Many public health advocates are upset that the Trump Administration did not go further and ban all vaping juices.

 

Opponents of this action point out that vaping is far less dangerous than smoking. They say that by making it less attractive to vape, it will prevent efforts to move people from tobacco cigarettes to e-cigarettes. They argue that the federal government should not target vaping, but welcome it as a public health victory.

 

Sales of these flavored e-cigarette pods will end after 30 days.

 

Do you support the Trump Administration ban on flavored vaping pods?

House Passes Trade Deal with Mexico, Canada

In a final vote before leaving town for the holiday recess, the House of Representatives passed the U.S.-Mexico-Canada Agreement (USMCA). Passage of this agreement has long been a priority for President Trump.

 

By a vote of 385-95, a large bipartisan majority passed this updating of the North American Free Trade Agreement (NAFTA). Some of the key aspects of this agreement are:

  • An increase in the amount of vehicle parts that must be manufactured in North America to qualify the vehicle as being exempt from tariffs
  • A mandate that 30% of the work done on vehicles must be done by workers making more than $16 an hour
  • A requirement that Mexico must loosen labor laws to make it easier for workers to unionize
  • Stricter safety standards for Mexican trucks entering the U.S.
  • An increase in the amount of U.S. dairy products that can be sold in Canada
  • Stricter protections for intellectual property
  • An agreement by Mexico to increase efforts to stop overfishing

 

The U.S., Canada, and Mexico negotiated NAFTA in the 1990s in order to promote freer trade between the three nations. This agreement mostly leaves this deal in place, but it does update some key parts, as described above.

 

President Trump has long been skeptical of deals that lower tariffs and move the U.S. towards free trade. He has even called himself “tariff man.” He says that foreign trade hurts American workers, and the U.S. should enact barriers to the sales of foreign products in the U.S. Critics of his approach argue that trade has wide benefits for the economy, from consumers to workers. They say it lowers the cost of goods and helps create jobs in more industries.

 

The Senate has yet to vote on the USMCA.

 

Do you support passage of the U.S.-Mexico-Canada Agreement (USMCA), which updates NAFTA?

Tobacco Purchase Age Rising to 21

President Trump has signed into law a key priority of public health officials – increasing the age to buy tobacco products from 18 to 21.

 

This increase in the federal tobacco age was contained in the large spending bill that recently passed Congress. That legislation contained funding for the federal government to remain open during the current fiscal year. There were numerous provisions in the legislation that did not directly affect spending, and the increase in the tobacco purchase age was one of them.

 

President Trump has supported increasing this age in the past. He has said it is necessary to protect children. Upon signing the spending legislation, he touted this tobacco measure as part of the overall success of the bill.

 

There was bipartisan support in Congress for accomplishing this. Public health advocates have long called on the federal government to make it more difficult for people to buy tobacco. They say it is necessary to stop young people from being hooked on this unhealthy habit. Opponents argue that people should be free to make their own choices, and that a federal ban oversteps state authority.

 

Prior to this federal action, 19 states had already raised the tobacco purchasing age.

 

Do you support raising the age when someone can buy tobacco to 21?

House Impeaches President Trump

This evening, the House of Representatives approved two articles of impeachment against President Donald Trump.

 

By a vote of 230-197, the House approved the first article of impeachment, which alleges that the President abused his power to investigate a political rival. This charge hinges on the conversation President Trump had with the Ukrainian president in which President Trump asked for an announcement of an investigation of Joe Biden's son. By a vote of 229-198, the House approved the second article, which alleges that President Trump has obstructed justice by refusing to cooperate with the impeachment investigation and ordering his subordinates to cooperate.

 

No Republicans voted in favor of either article of impeachment. Rep. Tulsi Gabard, a Democrat from Hawaii, voted present on each article. Two Democrats voted against the first article and three voted against the second. 

 

Impeachment does not remove the President from office. Instead, it starts the process wherein the Senate will consider removal. If two-thirds of the Senate approves either article of impeachment, President Trump will no longer be president and will be barred from future federal office. In that event, Vice President Mike Pence will become president.

 

Senate Majority Leader Mitch McConnell will set the rules for how the impeachment trial will occur in the Senate. It is unclear how long such a trial will take and when it will occur. What is almost certain is that the necessary two-thirds of senators will not vote to convict the president, thus allowing President Trump to remain in office.

 

You can learn more about impeachment in VoteSpotter's Deep Dive on the subject.

 

Do you support the House vote to impeach President Trump?

 

 

Deep Dive: Judiciary Committee Passes Impeachment Articles

The House Judiciary Committee passed two articles of impeachment against President Trump today. The votes were 23-17 for each article, strictly along partisan lines. Republican were unsuccessful in their attempts to amend the impeachment articles in committee. This approval now enables the full House of Representatives to consider impeachment. Debate and a vote will occur next week.

 

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 Rules Committee will consider the impeachment resolution on Tuesday. Once this committee votes in favor, then the full House of Representatives will debate the two articles of impeachment and take a vote. This vote is expected to occur on Wednesday. 

 

The House is likely to approve both articles of impeachment, with nearly all Democrats expected to vote in favor of them and no Republican expected to support them. However, it is unlikely that the Senate would follow suit, given Republican control of the chamber. The Senate will hold a trial, however. Majority Leader Mitch McConnell will decide how that trial will be conducted and the timing of the trial. If the Senate would convict the president and remove him from office under this situation, then the vice president would assume office.

Judiciary Committee Debates Impeachment Articles

The testimony has been taken, and now it’s time for the House Judiciary Committee members to decide the fate of impeachment.

 

For only the fourth time in our nation’s history, the members of this committee will deliberate on whether they should recommend that the president of the U.S. be removed from office.

 

Committee Chairman Jerry Nadler (D-NY) has introduced House Resolution 755, which lays out two articles of impeachment against President Trump.

 

Article I contends that President Trump is guilty of abuse of power by holding up the release of foreign aid to Ukraine in exchange for an investigation of a political rival, Joe Biden. The resolution states:

 

In all of this, President Trump abused the powers of the Presidency by ignoring and injuring national security and other vital national interests to obtain an improper personal political benefit. He has also betrayed the Nation by abusing his high office to enlist a foreign power in corrupting democratic elections.

 

Wherefore President Trump, by such conduct, has demonstrated that he will remain a threat to national security and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law. President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

 

Article II contends that President Trump has obstructed justice by directing White House officials to defy subpoenas and not cooperate with the Congressional impeachment investigation. The resolution states:

 

Through these actions, President Trump sought to arrogate to himself the right to determine the propriety, scope, and nature of an impeachment inquiry into his own conduct, as well as the unilateral prerogative to deny any and all information to the House of Representatives in the exercise of its “sole Power of Impeachment”. In the history of the Republic, no President has ever ordered the complete defiance of an impeachment inquiry or sought to obstruct and impede so comprehensively the ability of the House of Representatives to investigate “high Crimes and Misdemeanors”. This abuse of office served to cover up the President’s own repeated misconduct and to seize and control the power of impeachment—and thus to nullify a vital constitutional safeguard vested solely in the House of Representatives.

 

In all of this, President Trump has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States.

 

The impeachment resolution concludes with this call to remove the president from office:

 

Wherefore, President Trump, by such conduct, has demonstrated that he will remain a threat to the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law. President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

 

Given the partisan makeup of the committee, it is nearly certain that the Judiciary Committee will pass this resolution. That will set up a vote on the House floor, which will likely occur next week. If the House passes one or both articles of impeachment, the Senate will then hold a trial to remove President Trump from office.

 

You can read more about the impeachment process in our Deep Dive here.

 

Do you think that President Trump abused his power in his actions regarding Ukrainian foreign aid and asking for an investigation of Hunter Biden? Do you think the president has obstructed justice by refusing to cooperate with the impeachment inquiry?

Deep Dive: Approving Short-Term Government Spending

This week, the House of Representatives and the Senate will vote on a bill to extend federal government funding until December 20. With government funding set to expire on November 21, failure to do this would result in a partial government shutdown. 

  

A previous Deep Dive examined the budget process that talks about the overall spending blueprint for the federal government. This Deep Dive will discuss the specific part affecting spending – the appropriations process. 

 

 

The Appropriations Process

 

Article I, Section 9, of the U.S. Constitution states: “No money shall be drawn from the Treasury, but in consequence of appropriations made by law.”

 

Federal government spending is divided into two categories:

  • Mandatory: Programs authorized by Congress that operate outside the regular spending process are entitlement programs, and their spending is deemed “mandatory.” For Social Security, Medicare, and Medicaid, anyone who meets certain qualification is entitled to benefits. Funding for these programs does not have to be authorized yearly by Congress, although the eligibility and payment rules can be changed.
  • Discretionary: To pay for other government activities, ranging from military operations undertaken by the Defense Department to operating national parks to paying congressional staff, Congress must pass 12 appropriations, or spending, bills. These bills operate on a fiscal year basis. If they do not become law, funds cannot be drawn from the U.S. Treasury to pay for the government operations they cover.

 

Appropriations Bills

 

The 12 appropriations bills that should be passed by Congress every fiscal year (October 1 through September 30) are:

  • Agriculture
  • Commerce/Justice/Science
  • Defense
  • Energy and Water
  • Financial Services
  • Homeland Security
  • Interior and Environment
  • Labor/Health and Human Services/Education
  • Legislative Branch
  • Military/Veterans
  • State/Foreign Operations
  • Transportation/Urban Development

 

You can see the progress of the Fiscal Year 2020 appropriations bills through Congress here.

 

The number and title of these bills can be changed by Congress. After the 2001 terrorist attacks, Congress re-organized the appropriations process, which at that time had operated with 13 appropriations bills.

 

Consolidated Appropriations/Continuing Appropriations/Omnibus Appropriations

 

While the spending process is supposed to proceed with the 12 bills being passed separately and signed into law by October 1 of each year, this almost never happens. In fact, since 1977 (when the current spending system was put in place), Congress has passed all of the appropriations bills on time in only four years. The last time it did this was 1997. The usual pattern is that Congress passes some, but not all, of the bills to be signed into law by October 1.

 

When this happens, Congress can take a variety of steps to avoid a government shutdown. It can pass a resolution for continuing appropriations, which fund the government for a specified period of time at the level of the previous fiscal year. During this time, it can then pass a consolidated appropriations act, which combines two or more appropriations bills. An omnibus appropriations bill generally wraps all the outstanding appropriations bills into a single act for the rest of the fiscal year.

 

If special spending needs arise during the fiscal year, Congress can also pass a supplemental appropriations bill, which provides funding more money than what was contained in the original spending bill.

 

Fiscal Year 2020

 

To avoid a government shutdown, Congress must pass these 12 spending bills (either in individual or consolidated form) and the president must sign them. So far this year, the House of Representatives has passed 10 bills (with only Homeland Security and Legislative Branch still remaining to be approved). The Senate has passed none. 

 

 

Instead of completing work on the individual spending bills by October 1 (the beginning of the new fiscal year), the House of Representatives and the Senate passed a continuing resolution, a short-term bill that funds the government at the previous fiscal year's level.  This legislation funded the government through November 21. If Congress does not act on another bill, or the president does not sign one, then there would be a partial government shutdown.

 

The 2018-2019 Government Shutdown

 

The last government shutdown occurred from December 2018 to January 2019. The beginnings of this shutdown began a year ago, with the failure of Congress to pass the necessary spending bills. Prior to the beginning of Fiscal Year 2019 (which began on October 1, 2018), Congress had only passed these appropriations bills:

  • Defense
  • Energy and Water
  • Labor/Health and Human Services/Education
  • Legislative Branch
  • Military/Veterans

 

Continuing resolutions funded the government agencies covered by the other appropriations bills through December 21. President Trump signaled his opposition to signing any spending bills that did not contain funding for a wall on the U.S.-Mexican border. As a consequence, the agencies not covered by the already-passed appropriations bills were shut down on that date.

 

The parts of the government that were covered by these spending bills could continue to operate as normal, however. Since the Legislative Branch appropriations bill was signed into law, congressional staffers could continue to be paid their salary. So could employees of the Energy Department, Defense Department, the Labor Department, the Department of Health and Human Services, and the Education Department.

 

When President Trump signed House Joint Resolution 28 on January 25, this reopened the portions of the federal government that were shut down until February 15. The signing of House Joint Resolution 31 by President Trump funds the federal government through the end of Fiscal Year 2019.

 

What This Means for You

 

The two-year budget deal that House Speaker Nancy Pelosi, Senate Majority Leader Mitch McConnell, and President Donald Trump agreed to over the summer was designed to eliminate the possibility of a government shutdown this year or next year. However, there is still disagreement between Republicans and Democrats in Congress over border funding. It appears that the leadership in the House and Senate as well as President Trump have agreed in principle to another short-term funding bill. That legislation, H.R. 3055, is set to be voted on by Congress this week. It will keep the government open until December 20. This gives negotiators more time to come to an agreement that has the possibility of funding the federal government through the end of this current fiscal year, avoiding a partial government shutdown.

Deep Dive: Impeachment Hearings

The House of Representatives is beginning public impeachment hearings this week. After numerous depositions held behind closed doors, House Democrats are bringing their case against the president into the open. In late October, the House passed H.R. 660 by a vote of 232-196, which sets the procedures for impeachment proceedings. In accordance with this resolution, the House Intelligence Committee will hold public hearings this week. When the Intelligence Committee has completed its hearings, the House Judiciary Committee will hold hearings on articles of impeachment. This VoteSpotter Deep Dive takes a look into this process and how it has been used over the past two centuries. 

 

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

 

If the House Intelligence Committee finds grounds for impeachment, it will send a recommendation to the House Judiciary Committee. That committee will then deliberate and decide on the fate of impeachment articles. It is possible that this could occur before the end of the year.

 

With Democrats controlling the House of Representatives, there is a possibility that both the Judiciary Committee and 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.

DACA Showdown at the Supreme Court

The Supreme Court is hearing the fate of children known as “Dreamers” today.

 

The Dreamers are children who were brought to the U.S. illegally. Under the Deferred Action for Childhood Arrivals (DACA) issued by President Obama in 2012, these individuals would be able to avoid deportation under certain circumstances, such as serving in the military or attending college.

 

In 2017, President Trump announced that his administration would phase out DACA within 6 months. The president said that President Obama did not have the legal authority to issue DACA, and that his administration had no choice but to end it. He called on Congress to pass legislation that would deal with the fate of Dreamers.

 

States and individuals affected by the ending of DACA sued the federal government. Federal judges have stopped the government from rescinding DACA until the Supreme Court can make a decision. Today the justices heard arguments from both sides on this question.

 

The Trump Administration argues that President Obama issued DACA via executive action even though he previously said that such a move must come through legislation. They note that many legal scholars think that this was, in effect, a change in law by the president, not Congress. That is illegal.

 

Those arguing that the Trump Administration acted illegally are not disputing that one president has the power to revoke a previous executive action of another president. Instead, they are saying that the Trump Administration did not give a legally-justifiable reason to rescind DACA. If these arguments prevail, President Trump would be free to phase out DACA in the future, but would have to go through a more careful legal process.

 

There have been bipartisan attempts to pass legislation that would settle the fate of Dreamers. The president has indicated his support of such legislation, but there has yet to be an agreement on final details.

 

Do you think President Trump was right to rescind President Obama’s legal protection of Dreamers?

Trump Readies to Withdraw from Paris Climate Agreement

President Donald Trump has long wanted the U.S. to withdraw from the Paris agreement on climate change. This week, he began the process to do so.

 

The Paris agreement was signed in 2016, and is a pact among nations to attempt a reduction in carbon emissions. The goal is to keep global temperature change in check. Nations pledge to reduce emissions at a certain level, although the agreement is not binding. Every nation on earth is party to the agreement.

 

According to President Trump, this international agreement hobbles U.S. industrial capacity and costs our nation jobs. He ran for office pledging to withdraw from it, and is putting that promise in action this week. Opponents of his move argue that this is a step backwards in the fight against climate change.

 

The structure of the agreement does not allow a withdrawal from it until three years after signing. That time period elapsed on Monday. The agreement also says that any nation wishing to withdraw must give notice and then wait a year. That means that the U.S. departure will take effect in 2020, a day after the presidential election.

 

While President Obama never submitted this agreement to the Senate for ratification, he did sign it and pledge U.S. support.

 

Do you agree that the U.S. should withdraw from the Paris climate agreement that calls for a reduction in U.S. carbon emissions?

Copyright © 2018 Votespotter Inc. All rights reserved.