MORE ON IMPEACHMENT
One of the most hotly debated clauses in the Constitution deals with the removal of federal government officials through the impeachment process. But what did the Founders who crafted that language think about the process and its overall intension? The need for the ultimate check, and in particular the removal of the President, in a system and checks and balances was brought up early at the 1787 convention in Philadelphia. Constitutional heavyweights such as James Madison, Benjamin Franklin, James Wilson, and Gouverneur Morris debated the impeachment clause at the convention, and Alexander Hamilton argued for it in The Federalist after the convention.
Today, impeachment remains as a rarely used process to potentially remove the “President, Vice President, and all civil Officers of the United States” if Congress finds them guilty of “Treason, Bribery, or other high Crimes and Misdemeanors.”
In Federalist 65, Hamilton made an extended argument for the states to ratify a Constitution with an impeachment Clause. The Founders and some of Hamilton’s audience were familiar with the concept from English law and several state constitutions had impeachment provisions for “maladministration,” a term Madison objected to and which caused George Mason to add “high crimes and misdemeanors” to the clause as its replacement.
Hamilton argued strongly for the Senate and not the Supreme Court as the place where impeachment charges would be considered at the trial related to “the misconduct of public officials, or, in other words, from the abuse or violation of some public trust. “They are of a nature which may with peculiar property be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself. The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused,” Hamilton added.
The “high crimes and misdemeanors” language remains controversial today, especially after yesterday’s vote by the Democrats in the House of Representatives. In two essays in the National Constitution Center’s Interactive Constitution, Neil J. Kinkopf and Keith E. Whittington looked at the Founder’s vision. Kinkopf wrote: “The Framers meant for the phrase ‘high crimes and misdemeanors’ to signify only conduct that seriously harms the public and seriously compromises the officer’s ability to continue. If the phrase is given a less rigorous interpretation, it could allow Congress to influence and control the President and the courts.”
Whittington wrote: “When the Founders wanted to ensure accountability, they mostly relied on elections and the voters to hold government officials responsible for their actions.” But what might fall into the category of ‘other high crimes and misdemeanors’ was still quite unclear.”
The Deplorable Infidel (Source: National Constitution Center)
AN OPINION FROM THE DEPLORABLE INFIDEL
For once and only once the moron American hating Democrats have told the truth. They said we are going to impeach that “mother-f***er”. Yesterday they kept their word by impeaching President Trump without one Republican vote and on nothing more than trumped-up charges (no pun intended). Isn’t it amazing that their actions have shown, in the past, just how much they loathe the Founding Fathers. But, in the past couple of weeks they have found a new love for them, quoting them, invoking their writings into the impeachment proceedings, and insisting we must follow the constitution, which the Founders wrote, to the letter to impeach this President, because he is a threat to national security. Nutty Nadler and crying Chuck Schumer both said the way the Bill Clinton trial was conducted is not the way the trial for President Trump should be conducted. In Clinton’s trial the Democrats wanted no witnesses to be called. Now, in the trial for President Trump, they both want just the opposite, they want witnesses. These people are a bunch of hypocritical whiners.
A SIMPLE TRUTH FOR TODAY
Nancy Pelosi and the Democrats all have said that no one is above the law. They should take a long hard look at Hillary Clinton.