What would be the pro's and con's if the supreme court instead of the senate were the judges of an impeached president?

The US Constitution states that if a president is impeached by congress, the president is put on trial by the US Senate. If 60 Senators or more find the President guilty, the President is removed from office, though not put in jail or anything like that. But what if the constitution had made the Supreme Court the judges instead of the Senate? Would that have been better, worse, or inconsequential?

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6 Answers

  • wjstix
    Lv 5
    9 months ago

    In the British Impeachment model that our process is based on, the House of Commons impeaches and the House of Lords act as the judge and jury. If someone is found guilty, the Lords can remove him from office, fine him, jail him - or execute him. In the US, the only 'punishment' is loss of position. 

  • Pat
    Lv 7
    10 months ago

    The Chief Justice of the Supreme Court is the judge in a presidential impeachment trial.

    The Senate is the jury.

  • 10 months ago

    Judges can also be impeached.  In fact, several judges have been over the years, some acquitted, some removed from office.  

  • 10 months ago

    Wrong. It takes 67 senators to convict.

    Your 'what if' is pointless. The framers of the Constitution wisely made it the way it is. The Senate are elected by the people, who also elect the president. The people only have a say in who is on the Supreme Court by their choice of president. The framers wanted a clear separation of powers. Article 2, Section 2, Clause 2 of the US Constitution gives the Executive Branch power to nominate and the Senate arm of the Legislative Branch the power to confirm. This separation prevents a Congress from choosing important government officials who might work against a sitting president. At the same time, giving the Senate the power to convict on impeachment prevents a Supreme judiciary from possibly acquitting or convicting based on what president or party nominated them. The power to remove thus lies with the people who elect their Senators. The people can vote those Senators out. They cannot vote out SCOTUS.

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  • Ranger
    Lv 7
    10 months ago

    The Senate is not a Judicial body like the Supreme Court, so Double Jeopardy is not attached if the President is removed from office. 

    Without double jeopardy, a president committing crimes can be charged for the crimes he committed after he is removed from office.

  • Jeff S
    Lv 7
    10 months ago

     Partisanship for one thing. For another some of the judges might be grateful to the impeached president for being appointed by them. Rather than impartially judging the case on it's merits.

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