While the Constitution does give the House broad discretion in impeachments, there are limits. The most explicit of these is that impeachment can only be for, “Treason, Bribery, or other high Crimes and Misdemeanors.” (Art. II, Sec. 4, U.S. Constitution) However, the articles for impeachment voted on by this entirely partisan Democratic Congress, which are currently being unconstitutionally withheld from the Senate, charge no such offenses. In fact, abuse of power and obstruction of Congress are not crimes of any kind, high or low.
The chairmen who conducted the hearings were like a rogue judge who announced in advance Trump will be executed, but they will still grant him a trial of some kind. Their proceedings made a mockery of due process, violating almost every right granted to an accused.
Indeed, the Constitution is silent on the Supreme Court’s role in an impeachment except to provide that it is presided over by the chief justice. However, the Constitution is also silent on the court’s power to declare federal and state laws and government action unconstitutional. It was determined by former Chief Justice John Marshall that judicial review is implicit as the only logical answer to constitutional standoffs between the legislative and executive branches or between the federal and state governments. The reasoning of Marbury v. Madison certainly supports the court having the power to declare an impeachment as unconstitutional if it is an overreach of the carefully balanced separation of powers.
If this impeachment is not declared illegal it would remove the constitutional limitation of crimes on the power to impeach. It would allow the House to impeach for policy differences or political leverage.
Although there would be an immense amount of political benefit for Trump if there were to be a lengthy Senate trial, proving the vast crimes committed by Democrats during this baseless inquiry, it would be far better for the Supreme Court to reestablish the 229-year constitutional balance between our branches of government.Then, once again, we can be a government of laws.