by Ed Berry, Ph.D., Physics
Rob Natelson (my personal friend) wrote in The Hill on December 24 that the Impeachment by the House is complete. It does not have to be “delivered to the Senate” to be complete. The Senate may proceed with the trial in the absence of the “delivery” by the House.
Robert G. Natelson is Senior Fellow in Constitutional Jurisprudence at the Independence Institute (@i2idotorg) a free market think tank in Denver. He was a constitutional law professor for 25 years and has published extensively on the Constitution and the Founding.He is the author of The Original Constitution: What It Actually Said and Meant (3d ed. 2015)
Nothing grants her [Speaker of the House] any authority to block, or even suspend, formally-adopted bills or resolutions.
On the contrary, if the Speaker holds back a duly-adopted impeachment resolution as a way to influence Senate trial procedures, she is unconstitutionally interfering with the Senate’s “sole Power to try all Impeachments.”
Natelson’s argument in his post makes sense to me.
So, please tell Montana US Senator Steve Daines, Mitch McConnell, and all other Republican US Senators that they do not have to wait for the Speaker of the House to “deliver the Impeachment” to the Senate.