As, S. Res. 378 ( Introduced in the Senate on 10/24/19) states, the resolution “expresses the sense of the Senate that the House of Representatives should, consistent with long-standing practice and precedent, prior to proceeding any further with its impeachment investigation into President Donald J. Trump, vote to open formal impeachment inquiry and provide President Trump with fundamental constitutional protections.”
I strongly agree with S. Res. 378, because the issue of how courts interpret the American Constitution is significant. How the Supreme Court interprets the Constitution is even more significant, because of the court’s power of judicial review. However, in most cases, the court has the final say on what the constitution means and how it must be applied in a particular case.
Therefore, if the House of Representatives can not reasonably vote on this certain issue, then the Supreme Court is the proper forum that can resolve the debate authoritatively. However, it is significant to remain aware, the Supreme Court will hold that President Donald Trumps Fifth Amendment rights were violated, which is mentioned in S. Res.378, “ one of the cornerstones of the American Constitution is due process: the right to confront your accuser, call witnesses on your behalf, and challenge the accusations against you.”
The American Constitution Article III and IV describes who can bring a lawsuit in federal court, and specifically specifies the term “ citizens”, and since President Donald Trump is a citizen, he truly has Fifth Amendment rights, similar to you and I, and every other citizen in America.
Although Constitutional law has a language and a forum, that tends to be raised for debate, it is also significant to take into consideration, we are moving into a new era now, where we do not want to repeat history, and continue to have our country divided, we must bring our divided country back together. The time has come now, where we must come together on bipartisan matters, and reach a decision, based on the proper procedures and, make certain all persons have equal rights and are treated fairly, per the American Constitution.
Many social and political issues tend to be framed, and this should not happen, because every individual, must be able to reach the same reasonable interpretation of the text, in the American Constitution. Therefore, reaching a conclusion on a particular law, especially one that involves our President in our country, we must not reach a conclusion, in regards to separation of powers, federalism, freedom of speech, due process, or etc, merely on the basis of wanting an advantage of some sort in regards to a particular party. No, the time has come now where we will follow the law accordingly, and make certain to reach decisions on the “Black Letter Law” and the American Constitution, and apply it to the facts of each case individually. Our framers will be so proud. I truly believe innovation is possible.
The Character of any individual is truly just as important as your own character, therefore always remember to never resort to hate, but complete the task you are given at hand, as you know in your heart it shall be done. Right is right and wrong is wrong.
Keep in mind, Constitutional law is truly the rights of minorities and individuals, against any attack by the majority. Remember, the language Constitutional law starts with, the set of the American Constitution and is spread throughout the precedent cases, that interpreted it because significant principles can be applied from it.
Therefore, the Supreme Court truly has the authority to interpret the American Constitution.
In regards, to who is subject to the commands of the nine justices on questions of constitutional law, always remember it is the President, Congress, state legislatures, governors, state courts, state and federal administrative agencies, public officials, and all ordinary citizens.
Therefore, if the court needs to it can order a writ of mandamus, which is an order from a court to a government official, and it directs the official to perform some duty in the individual’s office.
Always remember, the Judiciary Act of 1789, because it expanded the court’s original jurisdiction to provide the power to issue the writs of mandamus against (federal officials), and it is significant to note the branches must exercise the authority that the people have delegated, to each of them individually in the American Constitution. And, any act that may be in contrast to the American Constitution, or attempts to go beyond it, is truly void.
Moreover, according to Article III, the grant per the article specified its limited jurisdiction was exclusive. Therefore, Congress does not have constitutional authority to spread the court’s jurisdiction, to include mandamus actions.
The question may be asked is the Supreme Court, the proper court to seek remedy, when determining the interpretation of the American Constitution, and the answer is yes, but as citizens of America, we should not allow a case to reach the Supreme Court, without attempting to apply the law properly ourselves, to the fullest extent as the framers of the American Constitution, intended for everyone to do accordingly. Remember, why you ran for the position you are in, it’s not about your political party, is it?
Furthermore, the American Constitution is truly the fundamental law, and it must be interpreted and applied accordingly.
It is significant to remember, congress only posses the “ legislative powers”. However, the “executive power shall be vested in the president, per the American Constitution.”
Article II Section 3, the powers and duties of the President, must be closely examined, especially the last sentence, where it states “ he shall take care that the laws be faithfully executed, and shall (commission) all the offices of the United States.
Amendment I “ Freedom of Speech”, Amendment IV “ Security from unwarrantable search and seizures, and the last few sentences of Amendment V, “ nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life liberty, or property, without due process; nor shall private property be taken for public use, without just compensation, Article VI the “right to a speedy trial, witnesses, etc), Amendment VIII “bails, fines, punishments”; Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, Amendment IX “ Reservation of Rights of people”, the enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
Lastly, it is significant to always remember, there is no aspect of the government or the courts that may exceed the scope of the powers, that have been delegated. Therefore, the Supreme Court must always abide by the intentions of the framers in making its decision. Constitutional law is truly the umbrella, that protects the interpretations of the law, because it is superior to every other body of law. For example, criminal punishment, that conflicts with the constitution is invalid. It is absolutely amazing, how each decision from cases, that involved the interpretation of the American Constitution, ultimately refers to a single, narrow source, which is the text of the American Constitution with its Amendments.
As, S. Res. 378 (Introduced in the Senate on 10/24/19) states, under the section referring to the due process rights (the Fifth Amendment) and the fairness of all citizens, which includes the rights “permitting the President’s counsel to present evidence and object to the admission of evidence,” is truly important to keep in mind. The Federal Rules of Evidence must be applied accordingly in each case. For these reasons, I highly recommend clearly reading the copy of the transcript (Exhibit 1), from the telephone conversation between President Donald J. Trump and President Zelensky of Ukraine.
Exhibit 1: Copy of the Transcript:
Memorandum of telephone conversation
Subject: Telephone conversation with President Zelensky of Ukraine
Participants: President Zelensky of Ukraine
Notetakers: The White House Situation Room
Date, Time AND Place: July 25, 2019, 9:03-9:33a.m EDT Residence