Shelby signs resolution condemning Pelosi for ‘flagrant violation’ of separation of powers

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January 9, 2020

(G. Skidmore/Flickr, Sen. Richard Shelby)

Twenty-six Republican U.S. Senators, including Sen. Richard Shelby (R-AL), signed onto a resolution condemning U.S. House Speaker Nancy Pelosi (D-CA) for withholding from the Senate the two articles of impeachment against President Donald Trump passed by the House in December.

The resolution, authored by Senate Judiciary Chairman Lindsey Graham (R-SC), formally expresses “the sense of the Senate that the House of Representatives should, consistent with its constitutional obligations, immediately transmit the 2 articles of impeachment against President Donald J. Trump passed by the House of Representatives on December 18, 2019, under House Resolution 755.”

The resolution outlines that “since passage [of the impeachment resolution], the Speaker of the House of Representatives has refused to transmit the articles to the Senate, unless the Senate agrees to allow the Speaker of the House of Representatives to dictate the rules of a trial.”

“[T]he Constitution of the United States does not provide the Speaker of the House of Representatives with the power to effectively veto a resolution passed by a duly elected majority of the House of Representatives by refusing to transmit such a resolution to the Senate,” the resolution continues. “[T]he refusal by the Speaker of the House of Representatives to transmit the articles is a flagrant violation of the separation of powers expressly outlined in the bicameral impeachment process under the Constitution of the United States.”

The resolution subsequently decries that “this inaction by the Speaker of the House of Representatives is a gross infringement on the constitutional authority of the Senate to try impeachments…the refusal by the Speaker of the House of Representatives to transmit the articles is unprecedented for presidential impeachments… refusing to transmit the articles is resulting in the denial of President Trump’s day in court; and… if allowed to stand, this inaction by the Speaker of the House of Representatives would set a dangerous precedent for the constitutional system of Government in the United States.”

In a tweet announcing he had signed the resolution, Shelby said, “Today I joined a resolution with 26 of my colleagues condemning the House of Representatives for withholding the Articles of Impeachment. The speaker’s actions are currently inconsistent with the Constitution. [President Trump] and the American people deserve better.”

This comes a day after Senator Doug Jones (D-AL) tweeted a video with his latest thoughts on impeachment.

While Jones called for “a full, fair and complete trial,” adding “let’s do it now,” he has not condemned Pelosi or House leadership for delaying the process.

Folks, prior impeachment trials set no precedents regarding rules and procedure. Unlike during the Clinton investigation, Pres. Trump has blocked witnesses and documents. We shouldn’t compare the two or adopt the same rules. pic.twitter.com/shxjjVqZg9

— Doug Jones (@SenDougJones) January 8, 2020

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

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