ARRA News Service
News Blog for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. Content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for or by this "Blog" - no paid ads - no payments for articles. Fair Use Doctrine is posted & used.
Blogger/Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: editor@arranewsservice.com (Pub. Since July, 2006)
    Home Page
   

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Tuesday, August 13, 2019

Abusing the Impeachment Process

by Hans von Spakovsky & Thomas Jipping: On three separate occasions, Rep. Al Green, D-Texas, has introduced a resolution to impeach President Donald Trump. Each time, the House of Representatives has voted it down.

And with good reason. Consider Green’s latest resolution. No matter how much one opposes Trump, it would have been a serious misuse of the House’s impeachment power. The 95 members who voted for it either do not understand or do not care about the purpose and proper use of this procedure.

Green’s resolution said that the president should be impeached because he is “unfit to represent” American values of “decency and morality” and “respectability and civility.” It also cited Trump’s criticism of four Democratic House members.

There is no doubt that Green deplores Trump and disagrees with his policies on many important issues. The question, however, is whether such matters are properly the basis for seeking to nullify the last election by removing the president from office. They are not, as we explain in a new research paper on the history of impeachment.

In drafting the Constitution, America’s Founders provided for impeachment not as a partisan political weapon, or as an alternative to elections, but as a way to address serious misconduct by the president or other federal officials’ conduct that betrays the public trust, breaks the law, or otherwise renders them unfit for office.

The 1787 convention that produced the Constitution carefully defined the conduct that warranted impeachment. The delegates rejected broad, vague language such as “malpractice or neglect of duty” as well as a narrow category limited only to treason and bribery. Instead, they chose the phrase that appears today in Article II, Section 4: “Treason, Bribery, or other high Crimes and Misdemeanors.”

This phrase had been in English law for centuries, and the Founders knew what it meant. It designates behavior that, as professor John McGinnis puts it, is “serious objective misconduct that bears on the official’s fitness for office.”

To date, neither Green nor any other representative has made the case that the president has engaged in such misconduct. In fact, Green’s resolution doesn’t attempt to do so. It is simply an expression of outrage at the personality, character, behavior, and speech of the president.

America’s Founders were clear about the meaning and proper use of impeachment, and American history counsels against abusing this power.

In the 19th century, radical Republicans impeached President Andrew Johnson because they disagreed with his plans to implement President Abraham Lincoln’s conciliatory policies toward the Southern states. The impeachment articles claimed that even Johnson’s speeches amounted to “high Crimes and Misdemeanors.”

Historians have condemned the Johnson impeachment as rash, reckless, and unwarranted. House members improperly turned Johnson’s legitimate decisions as president into impeachable offenses simply because they disagreed with those decisions.

With rhetorical excesses similar to those directed today against Trump, radical Republicans tried to portray Johnson as a “wild-eyed dictator bent on overthrowing the government.”

Shortly before the Johnson impeachment, C.M. Ellis addressed “the causes for which a president may be impeached.” Neither the House nor Senate, he wrote in The Atlantic, may act arbitrarily. Rather, they must be guided by rules about the proper purpose and use of impeachment. That counsel is needed just as much today as it was in 1867.

The arbitrary, partisan use of impeachment represented by the Green resolution is at odds with the nature of impeachment as it was practiced in England and understood by those who drafted and ratified the Constitution.

It is incompatible with the republican form of government guaranteed by the Constitution. It would allow 285 members of Congress a simple House majority and two-thirds of senators to remove a duly elected president for partisan reasons or over matters of personality and style.

This should not be laughed off as just partisan fun and games. It’s a dangerous, anti-democratic maneuver that flouts the principles on which our republic was founded and threatens its stability.
------------------------------
Hans von Spakovsky (@HvonSpakovsky) is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative. Thomas Jipping is deputy director of the Edwin Meese III Center for Legal and Judicial Studies and senior legal fellow at The Heritage Foundation..

Tags: Hans von Spakovsky, Thomas Jipping, The Daily Signal, abusein, impeachemnt process To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 4:30 PM - Post Link

0 Comments:

Post a Comment

<< Home


View U.S. National Debt

Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You will receive a verification email
& must validate you subscribed!

You Then Receive One Email Each AM
With Prior Days Articles / Toons / More


Also, Join us at:
Facebook.com/ARRANewsService


Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru - @arra
#Christian Conservative; Retired USAF & Grad Professor. Constitution NRA ProLife schoolchoice fairtax - Editor ARRA NEWS SERVICE. THANKS FOR FOLLOWING!

Action Links!
State Upper & Lower House Members
State Attorney Generals
State Governors
The White House
US House of Representatives
US Senators
GrassFire
NumbersUSA
Ballotpedia

Facebook Accts - Dr. Bill Smith
Pages:
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire 4 Life
Republican Liberty Caucus of Arkansas
The Gold Standard
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.

Patriots
Exchange
Links

Request Via
Article Comment

Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
Americans for a Free Republic
America's Best Choice
ARRA News Twitter
As The Crackerhead Crumbles
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report
Chuck Baldwin - links
Common Cents
Conservative Voices
Defeat Obama's Agenda
Diana's Corner
Greater Fitchburg For Life
Lasting Liberty Blog
Liberal Isn't Amy
Maggie's Notebook
Marathon Pundit
Patriot's Corner
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Secure Arkansas
Sultan Knish
The Blue Eye View
The Born Again Americans
TEA Party Cartoons
The Foxhole | Unapologetic Patriot
The Liberty Republican
The Lid
The Maritime Sentry
The O Word
The Path to Tyranny Blog
The Real Polichick
The War on Guns
TOTUS
Twitter @ARRA
Underground Notes
Warning Signs
Women's Prayer & Action
WyBlog

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
Accuracy in Media (AIM)
American Action Forum (AAF)
American Committment
American Culture & Faith Institute
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
CATO Institute
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Declaration of Am. Renewal
Eagle Forum
FairTax
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Freedom Works
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
Heritage Action for America
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Intercollegiate Studies Institute
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
OathKeepers
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Truth in Accounting
Union Facts



Blogs For Borders

Reject the United Nations

Presidential Prayer Team

Thousands of Deadly Islamic Terror Attacks Since 9/11


FairTax Nation on FaceBook
Friends of Israel - Stand with Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to The Free Dictionary

Powered by Blogger


  • To Exchange Links - Email: editor@arranewsservice.com!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting beliefs associated with the former Arkansas Republican Assemblies (ARRA), this blog/site is controlled and supported by the editor. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2018 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.