Show Notes

In this episode Jason and Matt finish out the discussion of Article I, Section 3. In their conversation, they also address the application of this section of the Constitution to the recent trial of President Trump’s articles of impeachment.

• U.S. Constitution – Article I, Section 3, Clauses 2 – 7
  • “Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
    
    No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
    
    The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
    
    The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
    
    The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
    
    Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
• U.S. Constitution – Amendment XVII
  • “The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
    
    When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
    
    This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”
• William Davie (delegate to the Constitutional Convention) to NC Ratifying Convention regarding Article I, Section 3, Clause 4:
  • “It might happen, in important cases, that the voices would be equally divided Indecision might be dangerous and inconvenient to the public. It would then be necessary to have some person who should determine the question as impartially as possible. Had the Vice President been taken from the representation of any of the states, the vote of that state would have been under local influence in the second. It is true he must be chosen from some state; but, from the nature of his election and office, he represents no one state in particular, but all the states. It is impossible that any officer could be chosen more impartially. He is, in consequence of his election, the creature off no particular district or state, but the officer and representative of the Union. He must possess the confidence of the states in a very great degree, and consequently be the most proper person to decide in cases of this kind. These, I believe, are the principles upon which the Convention formed this officer .”
• James McHenry (delegate to the Constitutional Convention) to MD House of Delegates regarding Article I, Section 3, Clause 6:
  • “And the power of trying impeachments was lodged with this Body as more likely to be governed by cool and candid investigation, than by those heats [sic] that too often inflame and influence more populous”
• U.S. Constitution – Article II, Section 4:
  • “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
• John Adams
  • “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.“
• Thomas Jefferson
  • “My principle is to do whatever is right, and leave the consequences to Him who has the disposal of them.“