(CNN) – The Senate on Tuesday unveiled an attempt by Senator Rand Paul to vote on the constitution of former President Donald Trump’s indictment. But the referendum gave an indication of how Republican senators who voted overwhelmingly for Paul’s move feel about the process.

Paul’s movement was rejected by 55-45 votes. Only five Republicans joined the Democrats, meaning 45 Republicans voted for Paul’s initiative. Utah Republican Senators Mitt Romney; Ben Sauce, of Nebraska; Susan Collins of Maine; Lisa Murkowski of Alaska and Pat Doomi of Pennsylvania crossed the party line to vote with Democrats.

To punish Trump at his trial, at least 17 Republicans must vote with all Democrats when the trial begins in February. Notably, Republican Senate President Mitch McConnell sided with Paul in the vote, which is a possible indicator of his acceptance of the constitutional question of accusing a former president.

Paul argued after the vote in the Senate that the 45 Republicans were with him “shows that the charge will die.”

“If they vote it is unconstitutional, how do they expect anyone to be punished for this?” Paul asked, “Forty-five of us, almost the entire party legislature, 95% caucus, and the whole process we voted for is unconstitutional. This is the greatest victory we have ever had. Democrats can win this discriminatory horse as long as they want. .

Even Republicans who voted against Pauline’s move, including Collins, said Tuesday’s vote was a sign of the final outcome of the trial.

“Do the math,” he said. “I don’t think the president is likely to be punished.”

However, the case will provide an opportunity for both sides to present their case, and some lawmakers who voted with Paul opened up the idea that they could vote differently next month.

What to expect from Trump’s accusation

Senate Minority Leader John Dune argued that voting for Trump’s proposal would not bind lawmakers after the trial has entered its full scope.

This is the question of the Constitution. I don’t think I will force anyone to start an investigation, “said Tune. “But as the Constitution points out, I think most of us think we can remove the gateway question of whether or not to remove someone who is no longer in office.

Republican Senator Rob Portman, who recently announced that he would not run for re-election in 2022, said he voted with Paul because he believed the former president should have a debate on the constitution for the indictment.

“I want to hear the debate,” Portman told reporters. “A debate without debate is the opposite, you know, but I’m not making a decision. I’m a member of the arbitral tribunal. I have the same position as Mitch McConnell. He did not do so to close it without discussing the matter.

The Democrat-led House of Representatives has already voted to blame Trump, accusing him of inciting insurgency over the attack on Capitol Hill, and killing many. But two-thirds of the Senate must vote to punish Trump after a trial, which is a very high barrier.

A Senate referendum on Tuesday exposed senators who believed the former president’s case was unconstitutional. Considering the limited language of the Constitution regarding the indictment, legal experts disagree on whether the Senate can punish the former president. But Democrats have isolated judges at both ends of the political spectrum.

Sen of the Democratic Party. Dick Durbin said on Tuesday that the possibility of forcing Paul to vote “has very unusual views”.

In a full speech before the vote, Paul said, “This body should be recorded, until the last person here: What do you think politics should be like?”

“Democrats are urging Republicans to charge a fee with the impetus that they are refusing to apply,” he said. “If Democrats ever made a speech like ‘stand back’ and ‘fight for your country’, I want you to raise your hands. Who doesn’t use words symbolically?”

He continued, “Are we going to imprison all politicians? Are we going to blame all the politicians who used the word ‘fight’ symbolically in a speech? What a shame! “.

– CNN’s Ali Jaslov and Christine Wilson contributed to this report.