January 2, 2020

Greenfield on Impeachment: Is McConnell Violating His Constitutional Oaths?


For more analysis by members of the ACS network, visit ACS's Impeachment Resources.

In his approach to President Trump's impeachment trial, Senate Majority Leader Mitch McConnell could be violating his constitutional oaths, argues Professor Kent Greenfield. Greenfield is an ACS Faculty Advisor at Boston College and constitutional law expert. Greenfield argued in a recent op-ed in McConnell's hometown newspaper and on MSNBC that the Senate Majority Leader is in danger of violating Article I and Article VI of the Constitution.

WATCH: Professor Kent Greenfield on MSNBC

In an op-ed published in the Louisville Courier-Journal, Greenfield, a Kentucky native, explains that McConnell has an obligation to be impartial during the trial phase of the impeachment process:

"Every senator has a constitutional obligation of impartiality. But McConnell’s role as Senate leader makes his obligation even more important and crucial to the constitutional framework. This is not a time for political cynicism or constitutional faithlessness. McConnell’s loyalty to Trump should not overwhelm his loyalty to the Constitution. If he fails in this, he is not only violating his Article I oath but his Article VI oath."

View ACS's Impeachment Resources page for more legal analysis.

Constitutional Interpretation, Executive power, Separation of powers, Separation of Powers and Federalism