My take:  The trial is performative and the Chief Justice's role ceremonial.   
If most want him to go down, he goes down.
Where are the votes, though?
-----Original Message-----
From: Friam <[email protected]> On Behalf Of u?l? ???
Sent: Tuesday, January 19, 2021 10:14 AM
To: [email protected]
Subject: Re: [FRIAM] incitement

Right, but that doesn't really answer the question. I suppose it's akin to 
"living constitution" vs. "originalism". How do we *expect* our individual 
Senator to make their decision? Does there even need to be any kind of 
semi-explicit heuristic by which they make such decisions? Can they simply "go 
with their gut"?

On 1/19/21 10:08 AM, Marcus Daniels wrote:
> It would certainly hit Benjamin Franklin's assertion that impeachment was for 
> those times when the Executive "rendered himself obnoxious" or Hamilton's 
> "those offences which proceed from the misconduct of men, or in other words, 
> from the abuse or violation of some public trust. They are of a nature which 
> may with peculiar propriety be denominated POLITICAL, as they relate chiefly 
> to injuries done immediately to the society itself."

--
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