Why do we complain? I know that I complain when I see
something unreasonable. What is and is not within reason?
Let’s use the President of the United States as an example.
Many want him impeached for “being a lousy president”? Let us look at the
complaint and the procedure. Is this reasonable?
Under the Federalist Papers,
No. 65 and No. 66, James Madison discussed this in detail as to how the Senate
should participate in the impeachment of someone within the executive branches
of government.[1] The
results are listed under Article II, Section 4 of the Constitution of the
United States of America. In 1974, the Judiciary Committee concurred that “impeachment
is a constitutional remedy addressed to serious offenses against the system of
government.”[2]
The United States Constitution, Article II, Section 4
The President, Vice President, and all civil Officers of the
United States, shall be removed from Office on Impeachment for, and Conviction
of, Treason, Bribery, or other high Crimes and Misdemeanors.
In this particular case misdemeanor does not think what we know
it to be which is a “minor crime of a criminal nature” lower than a felony. Jon
Roland, Constitutional Society wrote: “…the key to understanding it is the word
high. It does not mean more serious. It refers to those punishable offense that
only apply to high persons, that is, to public officials, those who, because of
their official status, are under special obligation that ordinary persons are
not under, and which could not be meaningfully applied or justly punished if
committed by ordinary persons...The impeachment and removal process should be a
debate on the entire field of proven and suspected misconduct by federal
officials and agents under this president, and if judged to have been excessive
by reasonable standards, to be ground for removal, even if direct complicity
cannot be shown.”[3]
What does all this double talk mean? Do we find that it
confuses the average “run of the mill” constituent? Within reason, it can be
very complicated and confusing.
Relevant Constitution
Provisions
Article I,
Section 2, Clause 5
The House of Representatives shall have the sole Power of
Impeachment.
**They can initiate the process by fully investigating the
reasons specific to attempt an impeachment where funds would have to be agreed
upon just for that purpose through a special committee. They have to determine
if the president has engaged in treason, bribery, or other high crimes and
misdemeanors and set forth a specific “allegation of misconduct.” “The House
can vote to impeach even if the House Judiciary Committee does not recommend
impeachment.”[4]
The majority of the House of Representatives are need for this type of
resolution to pass. Then managers of the House of Representatives the formally notify
(by appearance) the Senate and show proof.
Article I, Section 3, Clause 6 and 7
The Senate shall have the sole power to try all
impeachments. No person shall be convicted without the concurrence of 2/3rd
of the members present. Impeachment powers shall not extend further than to the
removal from office, the disqualification to hold and enjoy any office of
honor, trust, or profit: the party convicted shall nevertheless be liable and subject
to indictment, trial, judgment, and punishment according to Law.
**The Senate will then issue a “writ of summons” (the person
considered for impeachment) telling them when to appear and that they have the right
to be there in person or by represented counsel. If they do not want to appear, an automatic plea
of “Not Guilty” will be formally recorded. Argument may be made by the accused
to charges made against them and respond to the questions and evidence submitted
by the House of Representatives. A trial date will be set and “Article 1,
Section 3, Clause 6 of the Constitution, the Chief Justice presides over the
Senate impeachment trial if a President is being impeached.”[5] A
trial is held, where evidence is presented, the Managers of the House of
Representatives make opening and closing arguments. The Senate meets for
deliberations. Again, 2/3rd of the Senate must vote for removal
where as the presiding officer will pronounce the judgment of conviction and
removal on one or all points of evidence.[6]
Article II, Section 2, Clause 1
The President shall have Power to grant reprieves and
pardons for offices against the US except in cases of impeachment.
**This clause is self explanatory. The late President Gerald
Ford pardoned Richard M. Nixon, who was not impeached but facing impeachment.
That is why he resigned. The pardon covered any charges forthwith coming since
the President was not impeached but resigned. (And that was a smart political
move on the former republican president.)
Now…
Put yourself in the office of “voted official” in the
Congress of the United States. He honestly has done what? Has he violated the Constitution?
Which part? He made laws without Congress. No he did not. The president has the
authority to make Executive Decisions or Executive Directives without the
approval of Congress. Does anyone think that a “Democratic House of Representatives”
is going to impeach a Democratic President? (It would be the same if it was
Republican controlled House of Representatives or Republican President.)
Other than poor judgment, lousy job performance, lavish life
style (which is subject to interpretation), what has the current president done
to warrant being impeached?
I implore many to use standard reasoning and do not put you
head in the sand to display ignorant ideas.
I personally do not approve of our President’s job, but I do
respect the position which means I will support the Office of the President as
all good citizens should do. Furthermore, we all should help him do his job and
that means getting involved. If you call yourself a good citizen and fail to
get involved (beyond the scope of voting) then you really should not complain—ethically,
morally; even though, we have the right under the US Constitution to complain.
It is called “Freedom of Speech”, see Bill of Rights, Amendment I.
Pray for each other.
May God bless and keep everyone safely
in His arms.
[1] Hamilton, Alexander, James Madison, and John Jay. The Federalist. Barnes & Nobles,
Inc. New York: 2006. Pp 361-371.
[2] “Constitutional Grounds for Presidential Impeachment,
IV- Conclusion”. Washington Post.
1998. (accessed 11th Mary 2014.) http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_9.htm
[3] Roland, Jon. “Meaning of High Crimes and Misdemeanors.”
Constitution.Org. August 2013.
(accessed 11th May 2014) http://www.constitution.org/cmt/high_crimes.htm
[4] “An Overview of the Impeachment Process.” CRS Report for Congress. 20th
April 2005. (accessed 11th May 2014)
https://www.senate.gov/reference/resources/pdf/98-806.pdf
[5] “An Overview of the Impeachment Process.”
[6] “An Overview of the Impeachment Process.”
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