Saturday, October 26, 2019

This Impeachment Subverts the Constitution

Speaker Nancy Pelosi has directed committees investigating President Trump to "Proceed under that umbrella of impeachment inquiry," but the House has never authorized such an inquiry.

Thus any attempt to remove the president by impeachment creates unique risks to democracy not present in any other impeachment context.

These processes are indispensable bulwarks against abuse of the impeachment power, designed to preserve the separation of powers by preventing Congress from improperly removing an elected president.

Because the House has not properly begun impeachment proceedings, the president has no obligation to cooperate.

Fifty Republican senators have endorsed a resolution sponsored by Judiciary Committee Chairman Lindsey Graham urging the House to "Vote to open a formal impeachment inquiry and provide President Trump with fundamental constitutional protections" before proceeding further.

The Constitution permits impeachment only for "Treason, bribery, or other high crimes and misdemeanors." The Founders considered allowing impeachment on the broader grounds of "Maladministration," "Neglect of duty" and "Mal-practice," but they rejected these reasons for fear of giving too much power to Congress.

The Framers rejected that amorphous concept because it would have allowed impeachment for mere political disagreements, rendering the president a ward of Congress and destroying the executive's status as an independent, coequal branch of government.

https://www.wsj.com/articles/this-impeachment-subverts-the-constitution-11572040762?mod=hp_opin_pos_1

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