Title: Expressing the sense of the House of Representatives that the Senate should amend its rules to require a sitting United States Senator actively seeking election to the Presidency of the United States to recuse himself or herself from the impeachment trial of an incumbent President of the United States who is serving his or her first term in office.
Policy area: Congress

Summary:
This resolution urges the Senate to amend its rules to require a sitting Senator actively seeking election to the presidency of the United States to recuse himself or herself from the impeachment trial of an incumbent President who is serving his or her first term in office.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 744 Introduced in House (IH)]

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116th CONGRESS
  1st Session
H. RES. 744

 Expressing the sense of the House of Representatives that the Senate 
   should amend its rules to require a sitting United States Senator 
  actively seeking election to the Presidency of the United States to 
 recuse himself or herself from the impeachment trial of an incumbent 
President of the United States who is serving his or her first term in 
                                office.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2019

Mr. Smith of Missouri (for himself, Mr. David P. Roe of Tennessee, Mr. 
 Waltz, Mr. Guest, Mr. LaMalfa, Mr. Hice of Georgia, Mr. Crenshaw, Mr. 
    Wright, Mr. Smith of Nebraska, Mr. Kevin Hern of Oklahoma, Mr. 
 Riggleman, Mr. Arrington, Mr. Banks, Mr. Walker, Mr. Yoho, Mr. Gosar, 
  Mr. Rogers of Alabama, Mr. Duncan, Mr. Luetkemeyer, Mr. Babin, Mr. 
    DesJarlais, Mr. Mullin, Mr. Crawford, Mr. Long, Mr. Hunter, Mr. 
  Marshall, and Mr. Austin Scott of Georgia) submitted the following 
        resolution; which was referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that the Senate 
   should amend its rules to require a sitting United States Senator 
  actively seeking election to the Presidency of the United States to 
 recuse himself or herself from the impeachment trial of an incumbent 
President of the United States who is serving his or her first term in 
                                office.

Whereas the House of Representatives has the sole power to impeach the President 
        of the United States;
Whereas the Senate has the sole power to conduct a trial to remove the President 
        from office;
Whereas, during an impeachment trial, the Vice President of the United States 
        does not preside over the Senate in his or her role as President of the 
        Senate due to a clear conflict of interest, but rather the Chief Justice 
        of the United States Supreme Court presides;
Whereas a sitting United States Senator actively seeking the Presidency of the 
        United States has a vested interest in the reputation and political 
        future of an incumbent President of the United States who is currently 
        serving his or her first term in office;
Whereas Senate rules governing impeachment proceedings requires United States 
        Senators to make the following oath prior to an impeachment trial:

    ``I solemnly swear (or affirm, as the case may be) that in all things 
appertaining to the trial of the impeachment of ------ ------, now pending, 
I will do impartial justice according to the Constitution and laws: So help 
me God.'';

Whereas a sitting United States Senator actively seeking to unseat the incumbent 
        President of the United States cannot claim impartiality in his or her 
        political opponent's impeachment trial; and
Whereas the Constitution grants both chambers of Congress the authority to 
        ``determine the Rules of its Proceedings'': Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that 
the Senate should amend its rules to require a sitting United States 
Senator actively seeking election to the Presidency of the United 
States to recuse himself or herself from the impeachment trial of an 
incumbent President of the United States who is serving his or her 
first term in office.
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