One of the main sticking points Republicans had of this Impeachment process was that a President who is no longer in office cannot be Impeached. The Constitution is not 100% clear on this point, however many constitutional scholars believe that you can Impeach a former President for transgressions he or she committed while in office. This question came up early in the process and was voted on by the Senate. If they voted that it was unconstitutional, then the remainder of the Impeachment would be a moot point and it would be dismissed. If they voted that it was, then the proceedings would move forward. The Senate upheld the constitutionality of the trial by a vote of 56-44. All 48 Democrats along with 2 Independents and 6 Republicans voted in the affirmative. At this point, the trial was able to move forward.