Originally Posted by
Gaidin
Impeaching Trump doesn't unseat his presidency. It puts his VP in. Or did you miss that part of the Constitution as well? And quite frankly, if you don't like the Whistleblower Protections, call your congressman. Let's see how long it takes to rescind them. Then let's see how many bad laws get passed and how much waste, fraud, and abuse happens.
Furthermore, let's look at the Crminality issue, which my link addresses directly. The phrase 'high Crimes and Misdemeanors' may connotate criminality to someone like you. That's fine, but that takes away some of the context of the writing. It leads many to believe that only an indictable crime can be an impeachable crime. It would lead some to establish an indictable standard, possibly a 'beyond-reasonable-doubt' standard when there is already a strangely bipartisan standard that achieves this to successfuly convict someone via impeachment. You only need a majority to impeach someone and start a trial. That is a partisan vote. You need 2/3 of the Senate to convict. No way about it that is historically a bipartisan vote and very difficult to achieve. And no matter given the politics of the past, even today, and possibly the future, that is much more difficult than 'beyond-reasonable-doubt'.
Either way, a requirement of criminality would require familiar criminal laws and concepts to serve as standards in the process. This would be a problem concerning the applicabity of standards of proof pertaining to the trial of crimes. It has also been argued that because Treason and Bribery are crimes, 'other High Crimes and Misdemeanors' must be crimes under the rule of construction. But that requires a unifying principle. Here that principle is criminality or conduct subversive of constitutional institutions and government. Worth noting: The Constitution was ratified in 1787, bribery was not a federal crime until 1790 for federal judges, 1853 for members of Congress, and 1863 for other civil officers. This suggests that conduct not amounting to federal bribery may nonetheless amount to constitutional "high Crime and Misdemeanor" form of "Bribery".
The impeachment of a federal officer must occur only for reasons at least as pressing as those needs of government that give rise to the creation of criminal offenses. But that does not mean that elements of proof, defenses, and other concepts control the process. It also doesn't mean that federal codes are the place we turn to to provide a standard. Impeachment is a Constitutional remedy. Framers intended the language should reflect grave misconduct.
This goes by the historical meaning of the words "high Crimes and Misdemeanors". They have a different meaning from the ordinary term "crimes" and "misdemeanors". "High misdemeanors" refer to a category that subvert the system of government, used by the English impeachment cases to charge officials with a wide range of criminal AND non-criminal offenses. Hamilton acknowledged Great Britain as "the model from which impeachment has been borrowed". George Mason referred in the debates to the impeachment of Warren Hastings, then pending before Parliament. Mason, who proposed the phrase "high Crimes and Misdemeanors", specifically stated intent to encompass "attempts to subvert the Constitution."
Published records of state ratification conventions don't reveal an intention to limit the grounds of impeachment to criminal offenses.
James Iredell from North Carolina:
George Nicholas of Virginia:
Impeachment and criminal law serve fundamentally different purposes. Impeachment is the first step in a process, removal from office, possible disqualification from holding future office. There is no purpose to impeachment involving personal punishment. It's purpose is to maintain government, the Constitution itself provides that impeachment is no substitute for criminal law as there is no immunization of the officer from criminal liability.
The general purpose of criminal law also make it inappropriate as the standard of removing a public officer. Criminal law sets a standard of conduct. It does not set itself to the abuses of office of any public officer. In an impeachment proceeding a public officer is called to account for abusing powers that only the public officer possesses.
While the failure to act may be a crime, the traditional focus of criminal law is prohibitory(Don't Do This). Impeachment conduct, on the other hand, may include failure to discharge *affirmative* duties imposed on the public officer. Unlike the criminal case, then, the cause for removal, may be based on his entire course of conduct in office.
There is too much evidence behind the constitutional purpose of "Treason, Bribery, and High Crimes and Misdemeanors" to suggest that it is limited to indictable offenses. And would frustrate the entire purpose of the existence of state and federal law when it comes to handling impeachable public officers. State and federal laws are not written to preserve the nation against abuse of public office by the appointed or voted officers. That is the job of Congress and their Constitutionally granted powers.