Well the House yes.
The Trial in the Senate is presided by the Supreme Court Justice and must follow the law.
Well no the constitution says that each branch of the Congress can remove one of its members with 2/3 vote and has the sole responsibility for doing so.
Since Impeachment is not a Law it cannot be struck as unconstitutional.
Impeachment is the Sole Power of the House
Well no the constitution says that each branch of the Congress can remove one of its members with 2/3 vote and has the sole responsibility for doing so.
Since Impeachment is not a Law it cannot be struck as unconstitutional.
Impeachment is basically an indictment.- but it is not listed as such in the constitution and so it would be completely new territory for the supreme court to rule that it has a say in if the 'indictment'/impeachment is under the rule of the judicial branch since it is boldly stated in the constitution it is the sole responsibility of the House. They may however rule that the article have to be turned over to the Senate.
That I agree with the Chief Justice could throw out invalid/illegal articles.