Real Time Analytics


 

Folks, I clear up herein a widespread misconception about "impeachment":

 

1. It isn't necessary that the president, federal judges, etc. commit a felony before they may be impeached & removed.  Alexander Hamilton points out in Federalist No. 66, 2nd para & Federalist No. 77, last para, that the president may be impeached & removed for encroachments, i.e., usurpations.  Hamilton points out in Federalist No. 81 (8th para), that federal judges may be impeached & removed for usurpations.  


2. Throughout the Federalist, it is stated that impeachment is for "political offenses".

 

3. The House has the SOLE power of impeachment (Art. I, Sec. 2, last clause).  The Senate has the SOLE power to try all impeachments (Art. I, Sec. 3, next to last clause).   The decision to convict is not reviewable by any other body - and common sense tells us what that means!   The House may impeach, and the Senate may convict, for any reason whatsoever; and their decision can not be overturned.

 

4.  The language at Art. II, Sec. 4. about "Treason, Bribery, or other high Crimes and Misdemeanors" is far broader than one might at first glance think.  Somewhere I saw a scholarly paper showing that the "high" refers to the status of the official - it does not refer to the severity of the offense.

 

Now!  Pay close attention:  "Misdemeanor" has a much broader meaning than a lesser category of criminal offenses.  Webster's 1828 Dictionary shows the primary meaning of  "misdemeanor" to be:   "Ill behavior;  evil conduct;  fault; mismanagement."   This shows - proves - that a president, vice-president, and all civil Officers of the United States may be impeached, tried, convicted, and removed from office for "mismanagement", etc.  

 

"Mismanagement" and "encroachments" have never before been so aptly applied to a civil authority as to Obama; except, perhaps to Nero,  who also fiddled while Rome burned.

 

 

Tags: Federalist No. 66 (2nd para), Federalist No. 77 (last para), Grounds for Impeachment, high crimes and misdemeanors

Views: 116

Replies to This Discussion

Publius, you are right on both counts. "High Crimes" means those committed by persons in high places. They virtually always involve a violation of their oath of office, not necessarily criminal behavior. In fact, it was first used in English common law specifically for actions not covered by criminal law.

Gerald Ford, when Speaker of the House, said "High crimes and misdemeanors" means whatever the House says it means at any given time.

Justice Chase was impeached for allowing his political views to color his decisions. He was acquitted by the Senate, however.
Does telling a US Congressman that he, the President, will not order the Nat'l Guard to the border to protect US Citizens because he wants a bargaining chip with the Republicans on Comprehensive Immigration Reform constitute a "high crime" or "treason"?????

I went to a "Town Hall" on Sat (in Douglas AZ, on the border) with Cain and McKyl to present their "10 Point Plan" to the 50 citizens that bothered to show up in a 95% Democrat city. Cain said that he had managed to get the funding for 6,000 more border patrol agents into the Defense Budget in the committee we can expect by 2012-15 provided that it makes it through the budget process and Obama doesn't veto it. McKyl alluded to the fact it was the best we could hope for right now. Earlier in a meeting with the ranchers McKyl stated that the National Guard on the border will only happen if there is Comprehensive Immigration Reform--that was the current administrations agenda.

The Chief representing the Border Patrol told the Ranchers that the reason the agents were not on the border road was because there is a bounty on the heads of every BP agent -- it is too dangerous for them to be on the roads except in numbers. They had also stopped a van last week on the I-10 heading for Phoenix that had a machine gun mounted in the back. Also grenade launchers and grenades, several AK-47's and a large load of ammunition. Yes, driven by illegals being paid to get it to Phoenix. Greta Van Sustern had shown them on her program along with other representative munitions that are caught coming FROM Mexico into the US. BUT the President will NOT protect the borders unless he can legalize 25 million new democratic voters....... Are we burning yet?

We, Tea Party people, are now asking all those running for the House if they will support impeaching the President??? To the Senate candidates "will you vote to impeach the President if convicted by the House???"

We cannot allow this man to complete his term or we will be completely unable to recover from the political destruction and havoc he has planned. Both Cain and McKyl hiccuped when the word "impeachment" was brought up at the Town Hall--- and we didn't know then that McKyl had been told by Obama there would be no protection for the border of AZ.

Coupled with his mismanagement of the oil spill this should be a slam dunk--what is everyone waiting for?? It is time for the States also to exert their SOVEREIGNTY and take the oil spill out of the hands of the Feds and take care of their states. The oil companies should be instructed by the gulf state gov's to start up again and put the people back to work, and Gov Brewer should order the National Guard to the border and cancel the agreement with the Feds to send OUR National Guardsmen overseas--and recall the ones that are there, NOW. This is war right here in the US and it has been declared on We, the People, by the President!! (there will probably be men in black suits at my door next week!)
yes that is the same oath of office, he took twice. I can't recite it all off the top of my head but what part of protecting us from enemies "foreigm" an "domestic" don't he ( obama ) understand.
that should be enough right there.

we all know there are more
Thank you, Publius. Your discussions are always so helpful.
Impeachment requires a simply majority in the House. Then a 2/3's vote of the Senate and
out he goes. Getting 17 Democratic Senators on board might be a challenge.

Re Impeachment:

The first hurdle is to change the mindset of the people.  We must learn from the homosexuals.  I remember when that was a word which polite people never used, and the concept itself was only indirectly referred to - it was so shocking.

How did they change the mindset of the People?  They "normalized" it.  We heard about it so often, everywhere, that we stopped thinking it was shocking.  Then we were conditioned to think that it was genetic. The outrageous in your face homosexuals were so disgusting, that we became grateful to the homosexuals who don't rub our noses in it.

Well, we must "normalize" impeachment by talking about it frequently and accurately.  The heads of the people on our side are filled with misconceptions:

  • They think there has to be a "crime" - a really bad crime.   
  • They do not understand that a civil officer in the Executive Branch & any federal judge may be impeached & removed for usurpations of power.
  • They do not understand what constitutes usurpations of power; b/c they don't understand the concept of "enumerated powers".
  • They think federal judges really can't be impeached b/c they have "lifetime appointments".  They don't know that Art. III, Sec. 1, cl. 1 permits them to serve during "good Behaviour" only. Mark Levin is among those who wrongly assert that "federal judges have lifetime appointments".
  • They come up with absurd notions such as we can't impeach obama b/c "he is not legally the president" [who starts these crazy theories?]
  • The defeatists assure us it can't be done.  And why do it if the Senate won't convict? [Mark's comment on this is right!]

I'll look into the House Rules on Impeachment. See who is on the House Judiciary Committee.  Our job is to elect people who will vote to impeach.  Our job is to elect Senators who will vote to convict & remove.

We form delegations to go to the offices of our Congressmen who are on the Committee, meet with them, and intelligently explain impeachment and why they should impeach so & so.

We form delegations to go to the offices of our Senators and explain to them why they must vote to convict.

When you talk to your Congressmen & Senators:  It's like trying a case when you talk to them!:  You present your evidence, explain the law, and show them what their duty requires.

I suggest we focus first on John "the Puppet" Roberts b/c Rush Limbaugh has already made him a laughingstock.  I suggest we commence a nationwide campaign of ridicule to take this spineless wus down.  Have artists draw cartoons showing him as a puppet whose strings are being pulled by an ugly monster named "Leftwing media" or "Washington, D.C. social circle". 

Never refer to him in any way other than with ridicule. Focus the ridicule on his spinelessness, his dancing to the tune of the left wing, refer to the left wing as the "puppet masters" of our supreme Court chief justice.

Naturally, we don't seek anybody's impeachment until & unless Romney is in office. Until Romney is in office, I pray daily for the health of ruth bader ginsberg.

I can write whatever positions papers are needed.  But as Mark & Mike have pointed out, it is important that our Army learn the Principles themselves so that they can articulate them themselves.

WE must change the minds of the American People.  WE must "normalize" impeachment.  WE must speak of it accurately and stop spouting off rubbish which makes our side look silly.  WE must isolate & demonize John "the Puppet" Roberts.

Did you hear Rush Limbaugh yesterday talking about how frightened he was at the fact that the Chief Justice of the United States Supreme Court is controlled by the Left Wing Media?  We must capitalize on that!  Someone find the video of Rush saying this [he said it on his show and the video recorded it] and post in in this discussion.  Greta van Sustern played it last night.

Great advice!  Normalizing "impeachment" as a term we are not afraid of and getting those with the power to understand that it is a necessary and proper method of them doing the jobs they were sent there to do. 

I imagine, that at first, those in D.C. would have the reaction that "this is a 'can of worms' we do not want to open because it will work both ways and the Left will try to impeach some on the right and it will become a circus."  I don't care if it does, as long as those subject to impeachment get the fear of their creator in them.  After impeachment becomes a standard practice of enforcing constitutional limits, it will settle down to a regular part of government and we will all be better off. 

I agree that "impeachment" needs to become a "normal" concept in our political lexicon. Part of what makes it so difficult is that the political body charged with the "sole power of impeachment", as well as the power to "try impeachments" is the VERY group who enacts the laws which the courts rubber stamp. How can we convince the Congress to impeach Roberts, for example, when he has ruled legislation enacted by the "impeachers" Constitutional? The can of worms thus becomes implication of the legislation branch while attempting to exercise political correction measures upon the judicial branch. It's akin to mutually assured destruction during the cold war, or mutually assured poverty under global banks; corruption of the parties responsible for enforcement assures the continuance of usurpation (see Federalist # 63, 5th para from end )

We have many problems:

1. The erroneous mindset of the people that federal judges have "lifetime tenure".  The erroneous mindset that the supreme Court is THE final authority on the meaning of Our Constitution.

I'm trying to correct both erroneous mindsets by teaching the Truth that federal judges can be impeached for usurpations of power.  That also gets the message across that supreme court judges are NOT the final authority on the meaning of Our Constitution.

2.  If THE People would only trouble themselves to learn our Founding Documents, then they would be able to vote into office candidates who understand our Founding Principles.  The impediment is that so few people are willing to make the effort.

3.  As a People, we are so shallow that we elect candidates on the basis of name recognition, image, and what is said about them by our manipulators. We don't bother to look carefully at the candidates.

4.  But even more fundamental than the horrifying IGNORANCE of our people is their MORAL DEGENERATION: Many (most?) people don't want to make the effort to learn; they just want to "sound smart" - so what they want is something really simple which they can repeat and which they think makes them seem "knowing". 

The recent debacle of my blog post on TPN's main forum shows that only a handful (if that many) of the commentators actually bothered to read my paper and learn.

Most of the commentators are merely ignorant show-offs, or resentful sneerers.  It is impossible to convert such badbusiness; so we must learn how to seal them off. neutralize them. 

Also, a certain group of people want to take Revenge against the American people for rejecting their candidate for the Republican nomination.  They want obama re-elected so that the American People will get what's coming to them for rejecting their candidate. This is the exposed rotten underbelly of some who pretend to honor our Constitution. 

IF the American People don't repent by November, we are toast.  The politicians and judges have never been the problem.  The American People are no longer "good". That's why we are failing.

God's chastisements on a disobedient people are terrible to behold. 

"Mismanagement" and "encroachments" have never before been so aptly applied to a civil authority as to Obama; except, perhaps to Nero,  who also fiddled while Rome burned.

If I remember right, Nero was incompetent. Obama is intentionally destroying this country.

"The House may impeach, and the Senate may convict, for any reason whatsoever; and their decision can not be overturned."

THAT single statement is the manifestation of POLITICAL POWER ! It gives LIFE to the remedies integrated in the Constitution. It shows that the framers INTENTIONALLY provided the measures for enforcement to PROTECT, DEFEND, and PRESERVE our fundamental law so that it would be as effective today as it was when ratified. This, and indeed ALL provisions of political remedy allow the PEOPLE, without resorting to arms, to peaceably correct governmental errors. These are OUR defenses IF we possess both the WISDOM and COURAGE to implement them. To avoid or discount these peaceable measures is to ensure violence at some future date.

Usurpation is a political crime against ourselves and our posterity. It is an injustice which is perpetual and endured by ALL until and unless corrected. To entertain usurpation and allow it's perpetuation is to admit that we have no right, responsibility, or ability to protect ourselves and our posterity. If the Constitution be the HEART of our system, then the corrective defense measures, especially impeachment, must be a ventricle without which the organ will either explode violently or wither slowly and die.

It is our DUTY as American citizens, as the guardians of our Constitution, our youth, and ourselves to learn, understand and finally pursue the remedies intended for OUR use.

BRAVO!

PRECISELY!  Washington, Madison, Hamilton, Jefferson, & Franklin all said, "Well done, Mark!"

THAT is the Remedy to solve the tyranny from the Courts.  We don't send a mob out to arrest, try, convict & execute them.

It is OUR Responsibility to send to Congress people who will do this. 

But before we can send such People to Congress, WE have to learn the Founding Principles so that we will be able to distinguish between the glib phonies (e.g., Marco Rubio) and the REAL Deal (e.g., Mark).

WE are the ones who dropped the ball. 

Beautifully written, also.

RSS

Tea Party Nation is a social network

 






© 2013   Created by Judson Phillips.

Badges  |  Report an Issue  |  Terms of Service