Isabella Carter
The impeachment of a president is a significant and controversial issue in American politics. The process involves the House of Representatives charging an official with Treason, Bribery, or other high Crimes and Misdemeanors, followed by a trial in the Senate, which can result in removal from office and disqualification from holding future public offices. In the case of former President Donald Trump, the Senate voted on whether his impeachment trial was constitutional, with six Republican senators joining the Democrats in affirming the constitutionality of the trial. This vote mirrored a similar decision made the previous month, indicating a potential shift in political alliances and sentiments.
| Characteristics | Values |
|---|---|
| Date of Vote | February 10, 2021 |
| Vote Count | 56-44 |
| Senators Who Voted "Yes" | Bill Cassidy, Rand Paul, Roy Blunt, Susan Collins, Ted Cruz, Ben Sasse |
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What You'll Learn
The Senate rejected an attempt to declare Trump's impeachment trial unconstitutional
The impeachment of a president is a fundamental component of the system of "checks and balances" as adopted by the framers of the Constitution. The House of Representatives has the sole power to impeach, while the Senate has the sole power to try all impeachments. The president, vice president, and all civil officers of the United States are subject to impeachment.
Donald Trump was impeached twice during his single term in office, making him the only federal officer to have been impeached more than once. The first impeachment trial stemmed from a call President Trump had with President Volodymyr Zelenskyy of Ukraine, in which Trump asked for investigations into his potential opponent in the 2020 presidential election, and into unsubstantiated allegations of interference in the 2016 election. The second impeachment trial occurred in the waning days of his presidency, following the events of January 6, 2021, when supporters of President Trump attempted to disrupt the congressional certification of the 2020 presidential election.
The second impeachment trial of Donald Trump commenced twenty days after Trump's term in office expired, making it the first impeachment trial of a former president. At the beginning of the trial, Republican Senator Rand Paul forced a vote to dismiss the impeachment charge on the basis that it was unconstitutional to try a former president. The vote was defeated 55-45, with all Democrats, both independents, and five Republicans (Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania) voting against the motion.
The Senate voted 56-44 that the impeachment trial was constitutional, with the original five Republican senators voting with the Democrats, along with Bill Cassidy (R-LA). The vote was a test vote, indicating that the Senate would not reach the two-thirds majority required to convict Trump.
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Six Republican senators voted 'yes'
In February 2021, six Republican senators voted with the Democrats, saying that former President Trump's impeachment trial was constitutional. The vote was 56-44, and only a simple majority was required for the trial to go ahead.
The six Republican senators who voted 'yes' were:
- Sen. Bill Cassidy (R-La.)
- Sen. Mitt Romney (R-Utah)
- Sen. Susan Collins (R-Maine)
- Sen. Lisa Murkowski (R-Alaska)
- Sen. Ben Sasse (R-Neb.)
- Sen. Pat Toomey (R-Pa.)
Senator Cassidy had previously supported an effort by Senator Rand Paul (R-Ky.) to declare the trial unconstitutional, but he flipped his vote, saying that he believed it was constitutional. He was impressed by the presentation from the Democratic impeachment managers, calling it "compelling". He also criticised Trump's team's presentation as "disorganized".
The vote was the second stage of the constitutionally-required process for impeachment. The first stage is impeachment by the House of Representatives, followed by a trial by the United States Senate. The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The conviction of an impeached official requires a two-thirds vote of the Senate.
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The vote mirrored one from the previous month
The impeachment process in the United States is a fundamental component of the system of "checks and balances". The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The House of Representatives has the "sole Power of Impeachment". Once the articles of impeachment are sent to the Senate, it sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The Senate has the "sole Power to try all Impeachments".
The six senators who voted that the impeachment was constitutional were likely part of the 55 senators who voted to reject the motion claiming the trial was unconstitutional. This vote was significant as it demonstrated the Senate's willingness to move forward with the impeachment process and indicated that a substantial number of senators believed there were grounds for impeachment.
The six senators' votes aligned with the view that the impeachment process is an essential mechanism to hold officials accountable for "Treason, Bribery, or other high Crimes and Misdemeanors". The specific definition of "high Crimes and Misdemeanors" has long been debated and is not explicitly defined in the Constitution. Nonetheless, the six senators' support for the constitutionality of the impeachment trial reflected their interpretation of the Constitution's provisions regarding impeachment.
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Sen. Bill Cassidy (R-La.) flipped his vote
Sen. Bill Cassidy (R-La.) has been a U.S. senator since 2014, when he defeated incumbent Mary Landrieu (D) for the seat. He worked as a physician before entering politics. Cassidy has received the most donations from individuals and PACs employed by the health professionals industry. He is considered a "rank-and-file Republican" by GovTrack.
Cassidy has generally supported Trump's favored causes and legislation, including opposing Obama's energy policies and the Affordable Care Act. However, he voted to endorse the impeachment of then-recently replaced President Donald Trump for his incitement of the Jan. 6 insurrectionist attack on the Capitol. He justified his vote by saying, "Our Constitution and our country is more important than any one person. I voted to convict President Trump because he is guilty."
As a result of his vote to impeach Trump, Cassidy has become an unfavored incumbent among hardcore GOP and MAGA types ahead of his 2026 reelection bid. Louisiana Treasurer John Fleming has said he will enter the Republican primary next year, and State Sen. Blake Miguez, a prominent gun rights advocate, is also expected to join the race. In an attempt to win back favor with the pro-Trump crowd, Cassidy has since co-sponsored the Supporting Made in America Energy Act, which calls for more lease sales in top oil and gas-producing states and federal offshore waters.
Cassidy's vote to impeach Trump was a notable departure from his usual alignment with Republican ideologies and a significant political gamble. His recent efforts to align himself with the Trump agenda ahead of the 2026 election indicate a strategy to regain support from Trumpian Republicans.
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The result underscored the challenge for Democrats to convict Trump
The United States Constitution provides that the House of Representatives has the sole power of impeachment, and the Senate has the sole power to try all impeachments. The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The conviction of an impeached official requires a two-thirds supermajority vote of the Senate.
The result underscores the challenge for Democrats to convict Trump, as the Senate is controlled by Republicans, who have shown little appetite for crossing party lines to convict a president of their own party. The Democrats would need to convince at least 17 Republican senators to vote to convict Trump, which is a significant hurdle.
Additionally, the impeachment process is time-consuming, and with Trump's term in office already expired, there may be a lack of political will to pursue conviction. The permissibility of trying a former official was a major issue in Trump's second impeachment trial, which commenced twenty days after his term ended.
Furthermore, the Democrats would need to present a strong case with compelling evidence and witnesses to convince enough Republican senators to vote for conviction. The impeachment process is a serious matter that can have significant political consequences, and senators will carefully consider the potential impact of their votes on their careers and the country.
While the Democrats face an uphill battle, it is not impossible for them to convict Trump. It will require a well-executed strategy, persuasive arguments, and potentially some political bargaining to sway enough Republican senators to their side.
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Frequently asked questions
The vote count was 56-44.
Six senators voted that the trial was constitutional.
The six senators who voted that the trial was constitutional were Republicans.
The six senators who voted that the trial was constitutional were Bill Cassidy (R-La.), Susan Collins, Mitt Romney, Lisa Murkowski, Ben Sasse, and Pat Toomey.
The vote took place on February 10, 2021.
