The U.S. Senate is about to usher in a constitutional crisis with one vote

Republican Senator Lindsey Graham

The Constitution has long provoked the ire of power-hungry politicians. Washington, D.C. bureaucrats hate it with a passion.

And now the U.S. Senate is about to usher in a constitutional crisis after this one vote.

Senate Republicans and legal experts contend that a potential Democratic tactic to sidestep an impeachment trial of Homeland Security Secretary Alejandro Mayorkas is unprecedented and would violate the Constitution.

In February, the House of Representatives impeached Mayorkas on two counts, accusing him of “wilful and systemic refusal to comply with the law” and a “breach of the public trust,” primarily due to criticisms over the surge of foreign nationals entering the United States through the southern border, exceeding 7 million during his tenure. Reports suggest Senate Democrats, holding a narrow majority, aim to dismiss the impeachment articles against Mayorkas, a move Republicans oppose on constitutional grounds.

Republican Senator Lindsey Graham of South Carolina, emphasizing the unprecedented nature of the move, stated, “I think it has never been done before in the history of our nation and we’re going to vigorously oppose it.”

Andrew McCarthy, a legal expert, argued that Democrats opt for dismissal to avoid public scrutiny of Biden administration policies. He said, “[T]hey’ve calculated that it’s better to take some heat for refusing to hold a trial than to allow House Republican impeachment managers and Senate Republicans in the Judiciary Committee make a public record on Biden administration border policy in the high-profile context of an impeachment trial against a Biden cabinet member.”

Senate Minority Leader Mitch McConnell anticipates Schumer’s move to swiftly dismiss the articles, though he prefers a full trial. McConnell stated, “I expect he will do that, and the Democrats have a majority, so it may not go very long…my preference would be to actually have a trial.”

House Speaker Mike Johnson and 11 Republican “impeachment managers” urged Senate Majority Leader Chuck Schumer to conduct a full trial for Mayorkas, citing the Senate’s “constitutional duty” to do so.

Republican senators, including Ron Johnson and James Lankford, criticized the proposed dismissal. Johnson argued, “We have a constitutional responsibility to take up that impeachment and render a verdict, and just dismissing it I don’t think is an adequate way of rendering a verdict.”

Letter to Charles Schumer F… by Daily Caller News Foundation

Senator John Cornyn condemned the unprecedented nature of dismissing impeachment articles, highlighting the Senate’s obligation to consider evidence and render judgment.

“The Majority Leader is expected to take the completely unprecedented step of voting to table the impeachment articles and eliminate a trial entirely, in violation of the Constitution,” Cornyn shared while recognized on the Senate floor recently.

Republican Senators Ted Cruz and Mike Lee stressed the Senate’s obligation to vote on impeachment articles and conduct a trial, as outlined in the Constitution.

“The Constitution, Senate rules and precedent are clear: The Senate has an obligation to vote on articles of impeachment,” U.S. Senator Ted Cruz wrote alongside Republican colleague and ally in the Congressional Upper Chamber, Mike Lee.

Ted Cruz also went on Fox News and argued that the Biden administration are trying to avoid the southern border issue being front and center for months leading up to the 2024 Presidential election.

On the Senate floor, Senator Tedd Budd also explicitly read out all the examples of how Secretary Mayorkas has been in dereliction of duty and therefore should be impeached for his failures.

Legal experts expressed skepticism about the possibility of dismissal under current Senate rules but suggested the Senate could alter its rules through a majority vote.

Democrats uniformly opposed Mayorkas’ impeachment, with Schumer labeling it “absurd.” Mayorkas would require a two-thirds vote from all senators to be convicted and removed from office in a trial.

Be sure to check in with The Federalist Wire for more updates on the impeachment process of Alejandro Mayorkas.