Nope.... he is correct
Posted on: January 27, 2020 at 23:17:28 CT
Spanky KU
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The Constitution empowers the Vice President to cast tie-breaking votes. Specifically, Article I, section 3, clause 4 stipulates, “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.”
It does not say the Chief Justice becomes the President of the Senate in an impeachment...simply that he presides. At no point is the VP stripped of his (equally divided Senate) tie breaking role.
In the case of impeachment, a 2/3 majority is required to convict and remove. They could not be ‘equally divided’ in that vote and need a tie breaker.
Edited by Spanky at 23:20:28 on 01/27/20