On with the show!

This is from Rob Natelson.

Some legal commentators argue that the impeachment of President Donald Trump is not valid until Speaker Nancy Pelosi (D-Calif.) delivers the articles of impeachment to the Senate. Hence, the argument goes, the Senate cannot try the president until after they are delivered.

With all due respect, I think this is wrong: As one who has studied, researched, and published on the Constitution and constitutional history (including impeachment) for decades, I believe the argument is based on a misunderstanding of how the Constitution works.

The Constitution states that the House of Representatives has the “sole Power” to impeach and the Senate has the “sole Power to try.” The Constitution recognizes the office of Speaker of the House, but she is not the House itself — she is only an officer. Nothing in the document gives her a presidential-style veto. Nothing grants her 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.”

https://thehill.com/opinion/white-house/475787-the-constitution-tells-us-impeachment-is-valid-even-though-the-speaker