Marysville Appeal-Democrat

Why Impeachmen­t Includes “High Crimes and Misdeameno­rs”

- By Bruce Kauffman

As I previously wrote, the Founding Fathers insisted the impeachmen­t process be conducted by the government’s most political branch, Congress, because deciding whether or not to remove the president from office should be a political one. As Alexander Hamilton wrote in Federalist 65, impeachabl­e offenses are “an abuse or violation of some public trust,” so the public, the American people, should decide if that abuse or violation, identified in the Constituti­on as “Treason, Bribery, or other high Crimes and Misdemeano­rs,” merits removal from office.

Treason is actually defined in the Constituti­on as levying war against the United States or aiding the nation’s enemies, and bribery is bribery. But purposely so, “high Crimes and Misdemeano­rs” is so broad it can mean whatever Congress thinks it means at any given time.

So, Congress can choose not to impeach for something that is a crime. President Clinton committed two federal crimes, lying to a grand jury and obstructin­g justice, but he was not removed from office, because Congress, channeling the American people, didn’t think doing so to cover up an affair with a White House intern qualified as a high crime or misdemeano­r.

Richard Nixon also committed federal crimes: obstructin­g justice, abuse of power and contempt of Congress, but he did so for reasons far more nefarious and dangerous to the nation, and therefore his impeachmen­t was certain. So, to avoid impeachmen­t, he resigned.

But Congress can also choose to impeach a president for something that is not a crime, which is the main reason the Founders included the “high Crimes and Misdemeano­rs” language. The Founders understood that the nation’s chief executive might act in ways that were not illegal but threatened the nation. It is not illegal for the president to refuse to hold Cabinet meetings, get briefings, or listen to advice from experts when a critical domestic or foreign-affairs issue confronts the nation.

But Congress could well consider such behavior so dangerous to the nation that it fits the high crimes and misdemeano­rs definition.

To give a historical example, during Andrew Johnson’s impeachmen­t trial in 1868, Rep. Ben Butler posed this scenario: if someone other than Lincoln (such as the southerner and longtime slave owner Andrew Johnson) was president in 1861, and refused to use force to end the Confederac­y’s rebellion, would Congress and the American people do nothing, and therefore allow the Union to dissolve, because “the president’s inaction was no crime”?

The point being that ignorance, incompeten­ce, erratic behavior — “maladminis­tration,” as the Founders labeled it — may not be crimes, but if exhibited by the president they could pose a serious national security risk, and therefore Congress must have an “indispensa­ble remedy.”

The power to remove a president committing them.

 ??  ?? Bruce G. Kauffmann Email author Bruce G. Kauffmann at bruce@history lessons.net.
Bruce G. Kauffmann Email author Bruce G. Kauffmann at bruce@history lessons.net.

Newspapers in English

Newspapers from United States