impeachment trial of a Vice President

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Since the V.P. is also president of the Senate, what mechanism is there to prevent him from presiding over his own impeachment trial? Article I.3 makes no specific mention of this. Does a federal law cover this situation?

united-states senate

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JJJ

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up vote
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down vote

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Since the V.P. is also president of the Senate, what mechanism is there to prevent him from presiding over his own impeachment trial? Article I.3 makes no specific mention of this. Does a federal law cover this situation?

united-states senate

share|improve this question

edited 2 hours ago

JJJ

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asked 2 hours ago

user22945

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user22945 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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up vote
4
down vote

favorite

up vote
4
down vote

favorite

Since the V.P. is also president of the Senate, what mechanism is there to prevent him from presiding over his own impeachment trial? Article I.3 makes no specific mention of this. Does a federal law cover this situation?

united-states senate

share|improve this question

edited 2 hours ago

JJJ

2,87411136

asked 2 hours ago

user22945

211

New contributor

user22945 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

Since the V.P. is also president of the Senate, what mechanism is there to prevent him from presiding over his own impeachment trial? Article I.3 makes no specific mention of this. Does a federal law cover this situation?

united-states senate

united-states senate

share|improve this question

edited 2 hours ago

JJJ

2,87411136

asked 2 hours ago

user22945

211

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share|improve this question

edited 2 hours ago

JJJ

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asked 2 hours ago

user22945

211

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share|improve this question

edited 2 hours ago

JJJ

2,87411136

edited 2 hours ago

JJJ

2,87411136

edited 2 hours ago

JJJ

2,87411136

2,87411136

asked 2 hours ago

user22945

211

New contributor

user22945 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

asked 2 hours ago

user22945

211

asked 2 hours ago

user22945

211

211

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user22945 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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New contributor

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1 Answer
1

active

oldest

votes

up vote
3
down vote

The constitution is not explicit on this point.

If the VP is "absent" a president pro tempore is chosen (in practice the VP is nearly always absent) If the VP is on trial, this would prevent them from presiding; they would be "in the dock" so necessarily absent from the chair, and a president pro tempore would be chosen.

Having the VP preside at their own impeachment would be absurd. The Constitution is intended to be read in accordance with Common sense. "Ain't no rule says a dog can't be president". But we are expected to use a little common sense.

Mike Rappaort considers the omission of a direct instruction that the VP should not preside over their own trial to be a "textual mistake",

But when one of the textual mistakes is an absurdity, one can depart.

I think that if a VP were to be impeached, the senate would ask the chief justice to preside. They are required to do this for a Presidential impeachment trial, and I think they would want to have a Judge present for a VP trial too. The Senate is permitted to appoint anyone to preside, it does not have to be a Senator.

share|improve this answer

answered 1 hour ago

James K

29.9k889126

• 
  
  
  

  
  

  
  
  
  
  
  

  
  Surely the US follows the Nemo iudex in causa sua principle. I can't find it in official documents for this case though. For judges, it's called judicial impartiality (see canon 3c).
  – JJJ
  44 mins ago
  

  
  
  
  

add a comment | 

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1 Answer
1

active

oldest

votes

1 Answer
1

active

oldest

votes

active

oldest

votes

active

oldest

votes

up vote
3
down vote

The constitution is not explicit on this point.

If the VP is "absent" a president pro tempore is chosen (in practice the VP is nearly always absent) If the VP is on trial, this would prevent them from presiding; they would be "in the dock" so necessarily absent from the chair, and a president pro tempore would be chosen.

Having the VP preside at their own impeachment would be absurd. The Constitution is intended to be read in accordance with Common sense. "Ain't no rule says a dog can't be president". But we are expected to use a little common sense.

Mike Rappaort considers the omission of a direct instruction that the VP should not preside over their own trial to be a "textual mistake",

But when one of the textual mistakes is an absurdity, one can depart.

I think that if a VP were to be impeached, the senate would ask the chief justice to preside. They are required to do this for a Presidential impeachment trial, and I think they would want to have a Judge present for a VP trial too. The Senate is permitted to appoint anyone to preside, it does not have to be a Senator.

share|improve this answer

answered 1 hour ago

James K

29.9k889126

• 
  
  
  

  
  

  
  
  
  
  
  

  
  Surely the US follows the Nemo iudex in causa sua principle. I can't find it in official documents for this case though. For judges, it's called judicial impartiality (see canon 3c).
  – JJJ
  44 mins ago
  

  
  
  
  

add a comment | 

up vote
3
down vote

The constitution is not explicit on this point.

If the VP is "absent" a president pro tempore is chosen (in practice the VP is nearly always absent) If the VP is on trial, this would prevent them from presiding; they would be "in the dock" so necessarily absent from the chair, and a president pro tempore would be chosen.

Having the VP preside at their own impeachment would be absurd. The Constitution is intended to be read in accordance with Common sense. "Ain't no rule says a dog can't be president". But we are expected to use a little common sense.

Mike Rappaort considers the omission of a direct instruction that the VP should not preside over their own trial to be a "textual mistake",

But when one of the textual mistakes is an absurdity, one can depart.

I think that if a VP were to be impeached, the senate would ask the chief justice to preside. They are required to do this for a Presidential impeachment trial, and I think they would want to have a Judge present for a VP trial too. The Senate is permitted to appoint anyone to preside, it does not have to be a Senator.

share|improve this answer

answered 1 hour ago

James K

29.9k889126

• 
  
  
  

  
  

  
  
  
  
  
  

  
  Surely the US follows the Nemo iudex in causa sua principle. I can't find it in official documents for this case though. For judges, it's called judicial impartiality (see canon 3c).
  – JJJ
  44 mins ago
  

  
  
  
  

add a comment | 

up vote
3
down vote

up vote
3
down vote

The constitution is not explicit on this point.

If the VP is "absent" a president pro tempore is chosen (in practice the VP is nearly always absent) If the VP is on trial, this would prevent them from presiding; they would be "in the dock" so necessarily absent from the chair, and a president pro tempore would be chosen.

Having the VP preside at their own impeachment would be absurd. The Constitution is intended to be read in accordance with Common sense. "Ain't no rule says a dog can't be president". But we are expected to use a little common sense.

Mike Rappaort considers the omission of a direct instruction that the VP should not preside over their own trial to be a "textual mistake",

But when one of the textual mistakes is an absurdity, one can depart.

I think that if a VP were to be impeached, the senate would ask the chief justice to preside. They are required to do this for a Presidential impeachment trial, and I think they would want to have a Judge present for a VP trial too. The Senate is permitted to appoint anyone to preside, it does not have to be a Senator.

share|improve this answer

answered 1 hour ago

James K

29.9k889126

The constitution is not explicit on this point.

If the VP is "absent" a president pro tempore is chosen (in practice the VP is nearly always absent) If the VP is on trial, this would prevent them from presiding; they would be "in the dock" so necessarily absent from the chair, and a president pro tempore would be chosen.

Having the VP preside at their own impeachment would be absurd. The Constitution is intended to be read in accordance with Common sense. "Ain't no rule says a dog can't be president". But we are expected to use a little common sense.

Mike Rappaort considers the omission of a direct instruction that the VP should not preside over their own trial to be a "textual mistake",

But when one of the textual mistakes is an absurdity, one can depart.

I think that if a VP were to be impeached, the senate would ask the chief justice to preside. They are required to do this for a Presidential impeachment trial, and I think they would want to have a Judge present for a VP trial too. The Senate is permitted to appoint anyone to preside, it does not have to be a Senator.

share|improve this answer

answered 1 hour ago

James K

29.9k889126

share|improve this answer

share|improve this answer

answered 1 hour ago

James K

29.9k889126

answered 1 hour ago

James K

29.9k889126

answered 1 hour ago

James K

29.9k889126

29.9k889126

• 
  
  
  

  
  

  
  
  
  
  
  

  
  Surely the US follows the Nemo iudex in causa sua principle. I can't find it in official documents for this case though. For judges, it's called judicial impartiality (see canon 3c).
  – JJJ
  44 mins ago
  

  
  
  
  

add a comment | 

• 
  
  
  

  
  

  
  
  
  
  
  

  
  Surely the US follows the Nemo iudex in causa sua principle. I can't find it in official documents for this case though. For judges, it's called judicial impartiality (see canon 3c).
  – JJJ
  44 mins ago
  

  
  
  
  

Surely the US follows the Nemo iudex in causa sua principle. I can't find it in official documents for this case though. For judges, it's called judicial impartiality (see canon 3c).
– JJJ
44 mins ago

Surely the US follows the Nemo iudex in causa sua principle. I can't find it in official documents for this case though. For judges, it's called judicial impartiality (see canon 3c).
– JJJ
44 mins ago

add a comment | 

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