The only duty imposed by the Constitution on the Chief Justice is buried in Article I Section 3 Clause 6: “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: And no Person shall be convicted without the concurrence of two thirds of the Members present.”
Only two Presidents of the United States have been impeached President of the United States Andrew Johnson and President of the United States William Jefferson Clinton. Neither President of the United States was impeached because in both impeachments the Article II Section 4 standard for impeachment was incorrectly applied: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” The only condition for the impeachment of the President of the United States is that the Chief Justice shall preside.
Congress has created in the Judiciary Act of 1789 a legislative court around the office of Chief Justice whose only duty is to preside at impeachment of the President of the United States, an office with no qualifications and no definite term. It is also clear the President of the United States has no executive power as that has been expressly vested in “a President of the United States of America.”
George Washington established the precedent of the President of the United States of America taking the oral oath of office of the President of the United States after the Electoral ballots have been counted in Congress, thereby, occupying two offices.
The office of Chief Justice is certainly an Article I office under the Constitution with the non-judicial duty of presiding at the impeachment of the President of the United States, so it is not possible that the President of the United States would have the power to appoint the Chief Justice even with the advice and consent of the Senate. The President of the United States of America takes no oath pursuant to the authority of the Constitution, so that President cannot exert any of its authority.
The conclusion is clear the Constitution identifies” a Judge of the supreme Court as the equivalent of an “Officer of the United States. No such designation is given to the office of Chief Justice. The duty to preside at the impeachment of the President of the United States makes the Chief Justice a legislative officer limited to legislative duties.
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Dr. Eduardo M. Rivera