In a 56 – 44 vote on the Senate floor Tuesday afternoon, the Senate upheld the constitutionality of impeaching a former president. Both sides argued their positions for two hours. Trump’s legal team claimed that it is unconstitutional to impeach a former president because the official no longer holds office, and therefore cannot be removed.
Six Republican senators voted with the Democrats, including Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania. Cassidy is the only additional senator to join the original group of five that voted the same way against Senator Rand Paul’s motion last month. Paul wanted to hold a vote on the constitutionality of Trump’s impeachment, but it was struck down in a 55 — 45 vote. Since 45 Republican senators agreed with his stance that a former president cannot be impeached, the Senator from Kentucky declaredthis as evidence that the impeachment “is dead on arrival.”