[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 467 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
S. RES. 467

 Expressing 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2020

 Mr. Graham (for himself, Mr. McConnell, Mr. Grassley, Mrs. Blackburn, 
   Mrs. Capito, Mr. Cramer, Mr. Cornyn, Mr. Perdue, Mr. Portman, Mr. 
   Shelby, Mr. Braun, Mrs. Loeffler, Mr. Scott of Florida, Mrs. Hyde-
  Smith, Mr. Daines, Mr. Rubio, Mr. Inhofe, Mr. Cruz, Ms. Ernst, Mr. 
 Tillis, Mr. Boozman, Mr. Lankford, Mr. Scott of South Carolina, Mrs. 
Fischer, Mr. Sasse, and Mr. Hoeven) submitted the following resolution; 
    which was referred to the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
 Expressing 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.

Whereas, pursuant to article I, section 2 of the Constitution of the United 
        States, the House of Representatives ``shall have the sole Power of 
        Impeachment'';
Whereas, pursuant to article I, section 3 of the Constitution of the United 
        States, the Senate ``shall have the sole Power to try all 
        Impeachments'';
Whereas, on December 18, 2019, the House of Representatives passed 2 articles of 
        impeachment against President Donald J. Trump;
Whereas, since passage, 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;
Whereas, the 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;
Whereas, the 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;
Whereas, this inaction by the Speaker of the House of Representatives is a gross 
        infringement on the constitutional authority of the Senate to try 
        impeachments;
Whereas, the refusal by the Speaker of the House of Representatives to transmit 
        the articles is unprecedented for presidential impeachments;
Whereas, refusing to transmit the articles is resulting in the denial of 
        President Trump's day in court; and
Whereas, 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: Now, therefore, be it
    Resolved, That the Senate calls on the Speaker of the House of 
Representatives to immediately appoint impeachment managers and 
transmit the articles of impeachment to the Senate for disposition 
consistent with the Constitution of the United States.
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