Senate Impeachment Vote: Public or Secret?

Understanding the Constitutional Framework

When it comes to the Senate's impeachment vote, there is a clear provision in the U.S. Constitution that outlines the format for the proceedings. Specifically, provided in Article I, Section 5, Paragraph 3 of the Constitution, it is stated: "Each House [of Congress] shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one Fifth of those Present, be entered on the Journal."

Public vs. Secret Vote: Possibilities and Likelihoods

So, is the Senate impeachment vote to be secret or public? The Senate is granted the discretion to hold a vote in private if it deems necessary. However, under Article I, Section 5, Paragraph 3, a vote can also be forced to be public if at least 20 of the Senators present at the meeting request it. This provision is design ed to ensure transparency and accountability in the legislative process.

The potential for a secret vote is theoretical, given the current political climate and historical precedence. Historically, not a single impeachment trial has concluded with a secret vote. Moreover, the Constitution provides a relatively straightforward process for making the vote public, thus making a secret vote unlikely.

Implications and Expectations

The public nature of the vote is significant. If the Senate decides to hold an impeachment trial in secret, it raises questions about the motives behind such a decision and erodes public trust. As long as the majority of the Senate agrees to keep the vote public, the proceedings will be transparent, allowing the American public to hold their representatives accountable.

It is important to note that the public vote serves a dual purpose. On one hand, it upholds the principle of transparency, allowing the public to know the positions of their representatives. On the other hand, it places the senators under significant public scrutiny, especially if they vote to shield a corrupt individual from accountability. This dual role is crucial in maintaining the integrity of the democratic process.

Objections to a Secret Vote

Even the smallest objection from a single Senator can turn a secret vote into a public one. Given the historical and procedural framework, it is highly improbable that the Senate would opt for a secret vote. The likelihood of 81 senators (the total number of senators in the Senate) agreeing to keep the vote secret is extremely low, underscoring the practicality of a public vote.

Constitutional Provisions and Employee Responsibilities

Further, the Constitution does not provide for the right of representatives (Senators) to vote in secret. They are considered public employees of the people, and their actions should be subject to public scrutiny. This principle is underpinned by the need for transparency and the accountability of representatives to their constituents. If policymakers lack the courage to stand by their votes in public, it reflects a fundamental lack of trustworthiness and should be a cause for concern.

Conclusion: A Public Vote is Preferred

Given the constitutional requirements and the historical context of impeachment trials, it is highly likely that the Senate impeachment vote will be public. This public vote is essential for maintaining the integrity of the democratic process, ensuring transparency, and upholding the principles of accountability and trust in American governance.