(Photo : Samuel Corum/Getty Images) Senate Minority Leader Mitch McConnell (R-KY) heads to his office in the Capitol building before the Senate is called into session on January 26, 2021 in Washington, DC.

Forty-five Republican senators have voted in favor of an effort to dismiss former President Donald Trump's impeachment trial. 

Republican Senator Rand Paul introduced the motion objecting to the impeachment trial on Tuesday, said a report from Daily Wire.

Paul's motion argued that going forward with the impeachment trial would be unconstitutional since Donald Trump was no longer in office. The former president left office last Wednesday.

However, the motion was defeated with a 55-45 vote favoring Democrats who did not view the impeachment proceedings unconstitutional.

NBC News noted that this number of votes showed how the Democrats might have an "uphill climb" to secure 67 votes for a conviction against Trump.

Read also: Donald Trump Establishes 'Office of the Former President' in Florida

With this, the Senate may not have the required supermajority votes to convict Donald Trump as 17 Republicans would have to vote with the Democrats. 

Five Republican Senators View Donald Trump Impeachment Proceedings as Unconstitutional

A Business Insider report noted that there were five Republicans who voted against Paul's motion: Sens. Susan Collins, Lisa Murkowski, Mitt Romney, Ben Sasse, and Pat Toomey.

One of the Republican senators who agreed to the motion was Senate Minority Leader Mitch McConnell, who earlier said he was undecided whether a conviction was right for Trump.

His decision indicated how he thought his caucus should vote on convicting Donald Trump. He also worked on a trial calendar with Senate Majority Leader Chuck Schumer despite prior refusal to say how he'd vote on the trial.

Republicans have been poised to push their theory of unconstitutionality in the coming days. They were supported by some legal scholars who supported the notion.

However, most people dismissed this argument and said refusing to hold an impeachment trial for a federal official who was about to leave the office or already left office could allow them to escape accountability.

Yale Law School professor Akhil Reed Amar told NPR that the argument made "no sense at all." For Amar, following this line of thinking could give someone a "get-out-of-jail free card" where they could do anything and be immune to impeachment.

Paul Slams Democrats for Striking Division Through Donald Trump Impeachment

In a speech on the Senate floor, Paul said Chief Justice John Roberts did not have plans to preside over another impeachment proceedings against Donald Trump, Daily Wire reported.

"The Chief Justice's absence demonstrates that this is not a trial as a president, but of a private citizen," said Paul.

He then argued that it would be held against a private citizen if there will be an impeachment trial. And not against a president, a vice president, or civil officer, which is unconstitutional.

Paul also criticized the Democrats and accused them of striking division in America when even President Joe Biden calls for unity.

"Hyper-partisan Democrats are about to drag our great country down into the gutter of rancor and vitriol the likes of which has never been seen in our nation's history," Paul noted.

He also accused the Democrats of "wasting the nation's time on partisan vendetta" against Trump instead of doing their work in the House, the Senate, and the executive branch.

"It's almost as if they have no ability to exist except in opposition to Donald Trump," Paul added. 

Related story: House Lawmakers Deliver Trump Impeachment Article to Senate

The single impeachment article against Trump was delivered to the Senate on Monday, alleging Trump encouraged "imminent lawless action at the Capitol" on January 6.