Senate Democrats Terminate Mayorkas Impeachment Without Trial Constitution Requires

Constitutional law experts and conservative lawmakers are sounding the alarm over the recent actions of Senate Democrats, who summarily terminated the impeachment trial of Joe Biden’s Department of Homeland Security Secretary Alejandro Mayorkas without a trial.

On Wednesday, the Senate, led by Majority Leader Chuck Schumer (D-NY), declared both impeachment articles against Mayorkas unconstitutional. It is the first time in the nation’s history that the Senate has dismissed an impeachment without holding a trial or taking any evidence into consideration.

“The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses,” stated Andrew McCarthy, a former chief assistant United States attorney and a senior fellow at the National Review Institute. McCarthy emphasized that the House holds the sole power to determine what constitutes an impeachable offense.

Over objections from Republican senators, Schumer called for votes on “two points of order” that immediately dismissed all charges. Schumer argued that the articles of impeachment did not rise to the constitutional level of “high crimes and misdemeanors” under any circumstance. According to McCarthy, Senate Democrats could regret the political power play in the future when the shoe is on the other foot.

The backlash from Republicans has been swift, with Senate Minority Leader Mitch McConnell condemning the action as a “very unfortunate precedent” that effectively undermines the House’s impeachment authority. “This means that the Senate can ignore, in effect, the House’s impeachment,” he added.

Sen. Eric Schmitt (R-MO) accused Schumer and Senate Democrats of “bulldozing hundreds of years of precedent.” As Republicans now promise to use procedural hurdles to stall legislation in response to the terminated impeachment, the ramifications of Democrats’ raw power move are already being felt.

Sen. John Kennedy (R-LA) pointed out that part of the breach of public trust count against Mr. Mayorkas was for a federal felony — lying to Congress. “What do you have to do to get impeached now?” Kennedy asked.