September 22, 2018

THE DAMAGE DONE BY NOT REMOVING BILL:

Indispensable Remedy: The Broad Scope of the Constitution's Impeachment Power (Gene Healy, September 12, 2018, Cato)

This study touches on most of the specific charges directed against President Trump, but it does not answer the question of whether he should be impeached and removed from office. Instead, it is designed to serve as a primer on the purpose, history, and scope of the Constitution's impeachment provisions -- and a corrective to some of the popular myths that have grown up around the remedy.

First among those myths is the notion that impeachment is reserved solely for criminal abuses of office. Perversely, as the power of the office has grown, that misconception has ensured that the federal official with the greatest capacity to do harm now enjoys stronger job protection than virtually any other American.

But the remedy James Madison described as "indispensable ... for defending the community against the incapacity, negligence, or perfidy of the Chief Magistrate" isn't limited to violations of the law or abuses of official power. As the 1974 House Judiciary Committee report on "Constitutional Grounds for Presidential Impeachment" put it, impeachment was "intended to reach a broad variety of conduct by officers that is both serious and incompatible with the duties of the office." "A good magistrate will not fear [impeachments]," Massachusetts' Elbridge Gerry insisted at the Constitutional Convention, and "a bad one ought to be kept in fear of them." Through the exercise of the "sole Power of Impeachment," the House can call even the most powerful federal officer to account. That power should never be invoked lightly, but neither should Americans fear to wield it, should it become necessary.

In large part, because both Bill Clinton and his team and Ken Starr and his focused on the President's sexual misconduct, the Senate ended up exonerating him for perjury and obstructing justice in the Paula Jones case, which was indisputable.

This set a horrid precedent and also provided the blueprint that the Trump team is following, trying to obscure the indisputable collusion and obstruction by playing up extraneous trivialities.

Even setting aside the value to America and the world of removing Donald from office, it will be a worthwhile exercise just to make impeachment more regular and re-establish republican norms.



Posted by at September 22, 2018 8:05 AM

  

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