The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Has the President been impeached? Depends who you ask. One way to resolve this debate is for the Senate to inquire. That is, the Senate could send a formal communication to the House, and ask if the President has been impeached for purposes of Art. I, Sec. 2. The House could say "yes" or "no." And that communication would resolve the debate. Or the House could simply ignore the request, which suggests that the House is not yet prepared to announce its decision, or that the House simply has no interest in responding to the Senate's request. Either way, this communication could provide the Senate, and the public, with some greater clarity about where we stand on this important question. I see little downside for the Senate to send such a communication
I thank my colleague Seth Barrett Tillman for offering this suggestion.