Jonah Patel
Former President Donald Trump has been impeached twice, and a third attempt was blocked by the House of Representatives in June 2025. The impeachment bid was led by Texas Representative Al Green, who argued that Trump's bombing of Iran was an unauthorized bombing campaign and a de facto declaration of war. 128 Democrats joined Republicans in voting to block the impeachment, while 79 Democrats voted to proceed. Six Republican senators, including Romney of Utah, Murkowski of Alaska, and Cassidy, voted that Trump's post-presidential impeachment trial was constitutional.
| Characteristics | Values |
|---|---|
| Number of Republican senators who said Trump's post-presidential impeachment trial is constitutional | 6 |
| Names of Republican senators who said Trump's post-presidential impeachment trial is constitutional | Cassidy, Murkowski, Romney, Sasse, Toomey, and one anonymous senator |
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What You'll Learn
- Trump's impeachment trial opened with a debate on the constitutionality of trying former presidents
- Senate Republicans voted the trial was unconstitutional, six said it was constitutional
- Trump's unauthorized bombing of Iran was a violation of the Constitution and Congressional War Powers
- Trump was previously impeached twice, but acquitted in the Senate both times
- Trump's impeachment push was quashed by House Democrats and Republicans
Trump's impeachment trial opened with a debate on the constitutionality of trying former presidents
Trump's second impeachment trial, following the attack on the U.S. Capitol on January 6, 2021, opened with a debate on the constitutionality of trying a former president. The Senate had to determine whether it had the authority to try former President Trump for acts committed during his tenure. This was a unique situation, as the Constitution requires the Chief Justice to preside over presidential impeachment trials, but this does not extend to former presidents. As a result, Senator Patrick Leahy, President pro tempore, presided over the trial.
The debate centred around two main issues: the relationship between impeachment and criminal law and the application of the First Amendment. The House managers argued that high crimes and misdemeanors did not need to be indictable criminal offences, while Trump's attorneys asserted that an impeachable offence must be a violation of established law. The former president's lawyers also invoked the First Amendment, claiming that free speech protections limited the conduct that could be considered impeachable.
After briefing and debate, the Senate voted 56-44, determining that it had the constitutional authority to try former President Trump. This vote set a precedent, as senators explicitly acknowledged that former officials could be tried by the Senate and remain subject to disqualification from holding future office if convicted.
While this vote did not directly address the impeachment charges against Trump, it established the Senate's jurisdiction over acts committed by the former president during his term. This decision paved the way for the impeachment trial to proceed, marking a significant moment in American political history.
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45 Senate Republicans voted the trial was unconstitutional, six said it was constitutional
The impeachment of former President Donald Trump has been a divisive issue among Republicans. In February 2021, 45 out of 50 Senate Republicans voted that Trump's post-presidential impeachment trial was unconstitutional. This vote occurred after a similar effort led by Republican Senator Rand Paul. However, six Republican senators took the opposing view, arguing that the trial was constitutional.
The six Republican senators who supported the constitutionality of the trial included Senators Cassidy, Murkowski, Romney, and three others. Senators Cassidy and Murkowski had previously been critical of Trump's actions, with Murkowski calling for his resignation after the January 6, 2021, attack on the U.S. Capitol. Romney, a former Republican presidential candidate, was the lone Republican senator to vote for conviction during Trump's first impeachment trial.
On the other hand, the 45 Senate Republicans who voted against the constitutionality of the trial aligned with Senator Paul's position. This group of senators believed that impeaching a former president who is no longer in office was not valid under the U.S. Constitution.
Trump has been impeached twice during his first term as President. The first impeachment focused on his alleged efforts to pressure Ukraine to investigate Joe Biden, then a Democratic presidential candidate. The second impeachment followed the January 6, 2021, attack on the U.S. Capitol by Trump supporters who sought to disrupt the formal certification of the 2020 election results.
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Trump's unauthorized bombing of Iran was a violation of the Constitution and Congressional War Powers
President Donald Trump's decision to bomb Iran's nuclear facilities without seeking congressional authorization has sparked debate about the extent of presidential powers to conduct war and whether his actions violated the Constitution and Congressional War Powers.
Trump's bombing of Iran has been characterised as an "illegal and unconstitutional war" by Representative Al Green, who introduced articles of impeachment against the president. Green's articles state that Trump "acted in direct violation of the War Powers Clause of the Constitution" by engaging in military action without the constitutionally mandated consent of Congress or appropriate notice to Congress. This sentiment was echoed by Representative Alexandria Ocasio-Cortez, who described Trump's actions as "a grave violation of the Constitution and Congressional War Powers" and clearly warranted impeachment.
The Constitution grants Congress the explicit power to declare war, and the War Powers Resolution of 1973 reinforces this by requiring presidential consultation with Congress before engaging in military hostilities. However, the interpretation of the Constitution's original intent and the extent of presidential authority under Article II have been contentious issues. While some argue that Trump violated the Constitution by bypassing Congress, others point to precedents set by previous administrations and the latitude afforded to presidents by Congress over the years.
The debate surrounding Trump's bombing of Iran reflects a broader discussion about presidential war powers and the role of Congress in authorizing military action. While Trump's actions have been criticised as unconstitutional, the decision also highlights the complexities and ambiguities inherent in interpreting and exercising war powers. Ultimately, the impeachment bid by Representative Green was rejected by the House of Representatives, with a significant number of Democrats joining Republicans in voting to table the articles.
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Trump was previously impeached twice, but acquitted in the Senate both times
Former US President Donald Trump was impeached twice during his single term in office but was acquitted in the Senate both times. The first impeachment trial, which took place in 2019, stemmed from a call between Trump and Ukrainian President Volodymyr Zelenskyy. During the call, Trump asked Zelenskyy to announce an investigation into his potential opponent in the upcoming 2020 presidential election, Joe Biden, and unsubstantiated allegations that entities within Ukraine had interfered in the 2016 presidential election. At the time of the call, the Office of Management and Budget had frozen $400 million in military aid to Ukraine at Trump's direction.
The second impeachment occurred in 2021, in the final days of Trump's presidency, following the attack on the US Capitol on January 6, 2021, when his supporters violently protested the 2020 election results. Trump was impeached by the House of Representatives seven days before the expiration of his term and the inauguration of Joe Biden. The article of impeachment addressed Trump's attempts to overturn the 2020 presidential election results, including his claims of election fraud.
The Senate trial for Trump's second impeachment began on February 9, 2021, and concluded with his acquittal on February 13, 2021. 57 senators voted "guilty," while 43 senators voted "not guilty," falling short of the two-thirds majority required by the Constitution for conviction. Trump was thus acquitted of the charges.
While Trump was acquitted in both impeachment trials, his second impeachment trial saw the largest bipartisan vote for an impeachment conviction of a US president or former president, with seven Republican senators joining all Democratic and independent senators in voting to convict. Despite this, the votes fell short of the two-thirds majority required for conviction, resulting in Trump's acquittal.
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Trump's impeachment push was quashed by House Democrats and Republicans
The resolution was introduced by Green, who cited Trump's "abuse of presidential powers" and "disregarding the separation of powers" as grounds for impeachment. Specifically, Green pointed to Trump's unauthorized bombing of Iran as a de facto declaration of war without congressional authorization, which he argued constituted an abuse of power and a grave violation of the Constitution and Congressional War Powers.
Despite calls for impeachment from some quarters, the majority of House Democrats voted to table the resolution. This included all three members of House Democratic leadership: House Minority Leader Hakeem Jeffries, House Minority Whip Katherine Clark, and House Democratic Caucus Chairman Pete Aguilar. Their decision reflected the political causticity of the effort and the reality that impeachment was unlikely to be approved by the House, as well as the fact that Trump had already been impeached twice.
The push for impeachment put House Democratic leaders in a difficult position. Jeffries, for instance, sidestepped questions on progressives calling to oust Trump during a press conference. Meanwhile, Representative Alexandria Ocasio-Cortez (AOC) wrote, "The President's disastrous decision to bomb Iran without authorization is a grave violation of the Constitution and Congressional War Powers... It is absolutely and clearly grounds for impeachment." Despite this, impeachment did not gain traction, and the push was ultimately quashed by both Democrats and Republicans in the House.
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Frequently asked questions
Six.
Romney (Utah), Murkowski (Alaska), Cassidy, and three others.
The vote was based on whether the U.S. Constitution allows a former president to face trial after he has left office.
The vote was 45-5 against the trial, with 45 Republicans voting that the trial was unconstitutional and 5 voting that it was constitutional.
Yes, the Louisiana senator changed his vote from an earlier one, backing arguments that the trial was constitutional.
