The Chief Justice on Strike
In reading about the impeachment of President Johnson, I came across this nugget. Article One, Section Three of the Constitution says that “The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside.”
Suppose, though, that the Chief Justice just refuses to show up because he disapproves of the impeachment. Can the Senate trial go forward? If so, how? You could impeach and remove the Chief Justice, of course, but that might take a long time. Suppose, on the other hand, that the Chief Justice is ill and cannot attend the President’s impeachment trial. Can an Acting Chief Justice preside?
Just wondering . . .