Showing posts with label impeachment. Show all posts
Showing posts with label impeachment. Show all posts

Thursday, July 29, 2010

Talk of Impeachment


By Alan Caruba

The last time I recall the nation being this concerned over the state of the presidency was during the Lewinsky scandal and ensuing impeachment proceedings against President Clinton. Before that it was during the slow revelation of the Watergate scandal that finally forced Richard Nixon’s resignation.

On Thursday, July 22, an editorial opinion by Tom Tancredo in The Washington Times called for the impeachment of President Obama. A column by Jeffrey Kuhner was titled “President’s socialist takeover must be stopped.”

Tancredo, a former five-term member of Congress, is now the chairman of the Rocky Mountain Foundation. Kuhner, a Times columnist, is president of the Edmund Burke Institute.

Burke, an Irish orator, philosopher and politician (1729-1797) is best known for his warning that “All that is necessary for the triumph of evil is that good men do nothing", but he also said, “Men have no right to put the well-being of the present generation wholly out of the question. Perhaps the only moral trust with any certainty in our hands is the care of our own time.”

It is the conceit of every generation that those that preceded it were less sophisticated, but it is clear from Alexander Hamilton’s Federalist Paper number 65, published in the New York Packet on March 7, 1788, that the question of impeachment as defined in the Constitution was being debated, the subtleties of the issue were not only understood by the author, but by Americans of his era as well.

Hamilton wrote: “A well-constituted court for the trial of impeachments is an object not more to be desired than difficult to be obtained in a government wholly elective. The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.

They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself. The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused.”

The removal of Barack Hussein Obama from the office of the presidency is increasingly spoken of among concerned Americans and now has risen to the level of discussion in print. The two Times articles enumerated the reasons why.

Tancredo began by reminding us that “every citizen elected to serve in Congress or any person appointed to any federal position” must swear an oath to “support and defend the Constitution of the United States against all enemies foreign and domestic.”

“For the first time in American history,” said Tancredo, “we have a man in the White House who consciously and brazenly disregards his oath of office to protect and defend the Constitution.” Going straight to the heart of the issue confronting all Americans, Tancredo said, “Our president is an enemy of the Constitution and, as such, he is a danger to our safety, our security, and our personal freedoms.”

Kuhner wrote that Obama is “slowly, piece by piece, erecting a socialist dictatorship. We are not there yet, but he is putting America on that dangerous path. He is undermining our constitutional system of checks and balances, subverting democratic procedures and the rule of law…”

Tancredo listed what he regards as impeachable offenses which the Constitution describes as “treason, bribery, or other high crimes and misdemeanors.” Impeachment has twice been attempted in the nation’s past and neither succeeded. Among those cited by Tancredo are:

# Disenfranchising General Motors and Chrysler bondholders in order to transfer billions of investor dollars to his supporters in the United Auto Workers;

# Implementing a third ban on off-shore drilling despite the rejection by two federal courts.

# The appointment of judges who want to create law rather than interpret it.

# The failure to defend the nation’s southern border against an invasion of illegal aliens.

Tancredo could have added the questionable demand that BP create a $20 billion fund to cover the cost of the oil cleanup and the losses incurred by those affected by it. That was entirely without any previous historic or legal precedent.

The creation, too, of an entire level of presidential advisors (czars) within the White House who appear to have been granted greater powers than Secretaries of various federal departments in determining policy is highly questionable. Few underwent any examination by the Senate.

Kuhner warned about Obamacare’s funding of abortion, along with the creation of “a command-and-control health care system, “a frontal assault on property rights”, the new financial reform act that he deemed “essentially nationalize the big banks” while noting the same effect on the financial sector, and the student loan industry. He too noted the takeover of the automakers.

Kuhner warned that Obama’s “comprehensive immigration reform” would grant amnesty to 12 to 20 million illegal aliens “would sound the death knell for our national sovereignty.” The Obama Justice Department’s decision to sue Arizona for its immigration law was deemed as “siding with criminals against his fellow Americans” and desecrated his constitutional oath. Kuhner deemed it “treasonous.”

Kuhner urged that, should the Republicans win back Congress in November “formal investigations into this criminal, scandal-ridden administration” should be launched.

I doubt that even Republican control of Congress in both houses would undertake impeachment proceedings against Obama. That did not go well when it was tried against Clinton.

At best a Congress in which they controlled either or both houses would become a bulwark against further predations by the first Marxist president ever elected in America and, hopefully, the last.

© Alan Caruba, 2010

Saturday, March 20, 2010

Talk of Impeachment


By Alan Caruba

“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.”
-- C. S. Lewis (1898 - 1963)

Jeffrey T. Kuhner, president of the Edmund Burke Institute, a Washington, D.C. think tank, and a columnist at The Washington Times, might as well have rolled a grenade down the main aisle of the House of Representatives chamber. On March 19 he wrote a column titled, “Impeach the President?”

It is a bold proposal and would end much of the agony that President Obama has inflicted on Americans. In lesser developed nations a leader as unpopular as Obama would risk being seized by a mob and dragged through the streets before being hung.

Of course, we don’t do that kind of thing and, truth be told, impeachment proceedings have been rare in American history and both have failed.

Only two presidents have faced impeachment. One was Andrew Johnson who became president upon the assassination of Lincoln. Taking power in the wake of the Civil War, he was deemed to be too friendly to the defeated South. His removal from office in 1868 was defeated by a single vote.

The other president to be impeached was Bill Clinton in 1998. The charges brought against him included perjury, obstruction of justice, and malfeasance in office. He was no doubt guilty of all three, but the proceeding was initiated primarily as the result of the Monica Lewinsky scandal and a lawsuit brought by Paula Jones.

It was the considered judgment of the Senate that his failure to keep his penis in his pants did not rise to the punishment of losing his job. In hindsight, the senators might have been mindful that they would be installing Al Gore, the vice president, if they removed Clinton.

I cite this to demonstrate that impeaching Barack Obama—while probably the right thing to do—would be an impossibility in a Senate and House controlled by Democrats.

Not to go all legal on you, but Article II, Section 4 of the Constitution says, “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.”

Constitutional lawyers deem “High Crimes and Misdemeanors” as acts of criminality in which a law was broken; abuses of power; and something called a “violation of public trust” as defined by Alexander Hamilton in the Federalist Papers. The definition of this is, for all intents and purposes, whatever the House of Representatives say it is. These are, after all, folks who can’t even kick Charlie Rangel out on his kiester.

The two acts of impeachment issued in the past cited exceeding the constitutional bounds of the powers of the office of president; behavior that is considered grossly incompatible with the function and purpose of the office; and using the power of the office for an improper purpose or for personal gain.

Being fellated in the Oval Office by a White House intern did not turn out to be sufficiently grossly incompatible in 1998. Clinton finished his second term, pardoned a lot of felons, and probably had to be restrained from leaving with the White House silver and chinaware.

Kuhner, however, made a very strong case for impeaching Obama. He accused the president of “imposing a leftist revolution” with the de facto nationalization of “key sectors of American life—the big banks, financial institutions, the automakers, large tracts of energy-rich land from Montana to New Mexico” were cited as examples.

The ugliness concerning the healthcare “reform” legislation and the proposed Cap-and-Trade legislation was cited as Obama’s willingness “to devour his presidency, his party’s congressional majority and—most disturbing—our democratic institutional safeguards to enact” both pieces of legislation.

“He is a reckless ideologue who is willing to sacrifice the country’s stability in pursuit of a socialist utopia.”

That is, in fact, what both Stalin did in Russia and Mao did in China. Both inflicted death in the millions and economic ruin on both societies.

The question, however, is whether the process of impeachment can be initiated and, once commenced, whether a case could be made to depose Obama. That is not likely to happen. It has nothing to do with whether a just case can be made, but because of the vast corruption of the political process and the moral decay Americans are witnessing in the Democrat Party.

We are now living in a state of constant crisis in America. That is precisely the way the White House likes it. Such conditions could lead to a complete seizure of power in the name of protecting the Republic.

It worked in Nazi Germany in the last century. It worked in Saddam Hussein’s Iraq. It worked in Cuba. And it is at work today in Venezuela.

Despotism never sleeps.

© Alan Caruba, 2010