Supreme Court Needs To Hear Mayorkas Impeachment Now & Destroy This Poisonous Precedent!

Discussion in 'Law & Justice' started by JimfromPennsylvania, Feb 15, 2024.

  1. JimfromPennsylvania

    JimfromPennsylvania Active Member Past Donor

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    This is really alarming the impeachment of Alejandro Mayorkas, the Secretary of Homeland Security, it sets a dangerous precedent that Cabinet Secretaries can be impeached for violating the law as the majority Party of the House of Representatives. Practically it allows for impeachment of Secretaries of major government departments for policy differences with the majority Party in the House and since these Secretaries are carrying out the policies of the President this will weaken the power of the Presidency this is a bad development. The framework of our goverment is the Congress makes the laws and the President administers the laws Congress should not be permitted to obstruct the President in administering the laws as he or she sees fit. Congress always has a remedy to go to the third branch of government the Court system to enjoin the Executive Branch of government to follow the law. This impeachment move by the House against Secretary Mayorkas has a profound effect on our form of government it is a power grab by the House of Representatives if let stand it will cause repeated harm in America as future officials in future Presidential administrations are impeached for policy difference or unacceptable performance as determined by the House majority. The U.S. Constitution requires that crimes to have been committed for an impeachment to lie. If one reads the articles of impeachment against Mayorkas no fact patterns are alleged for crimes, for violations of law yes but that is policy differences.

    This House impeachment of Secretary Mayorkas needs to be appealed to the U.S. Supreme Court so they can overturn it for violating the U.S. Constitution for impeaching someone where there is no crime committed, it is a policy difference or a performance difference. It is not okay or good that a plan be followed where the Senate gets rid of the impeachment because that won't void this impeachment precedent. I am not a constitutional lawyer but I think that any member of the House should have standing for such an appeal because allowing impeachment for policy differences affects the effectiveness of their chamber, it can allow for wasteful and illegal legislative action, Further, I think any member of the Senate should have standing to appeal this impeachment for essentially a similar reason that this illegal impeachment will waste Senate precious time holding a trial or other proceedings to resolve the impeachment matter!
     
  2. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Arguably what they have been doing goes beyond just "policy differences".

    You can't really understand this unless you look at the bigger context of the situation, and just what precisely those policies were that he is being impeached over.

    Since you didn't even bother mentioning or bringing up any of that, I will assume that you did not want to have that discussion.

    But I will say that the Biden Administration and, by extension, Secretary Mayorkas's policies concerning border enforcement and the taking in of migrants have been pushing the law to its very limits.
     
  3. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    I find your argument disingenuous. If it's the job of Congress to make the laws, then Congress should be able to remove officials if they are not happy about how those laws are being enforced.

    I think maybe you don't understand the necessary requirements for impeachment. It's almost the same as that to override a presidential veto. The only difference is it only requires a majority in the House of Representatives, rather than a two-thirds majority vote in the House. But it still requires a two-thirds majority vote in the Senate to remove the official from office.
     
  4. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Isn't impeachment appropriate if it is perceived that the official is not doing their job and properly enforcing the law?
     
    Last edited: Feb 20, 2024

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