Posted by dahsdebater on 3/30/2020 1:01:00 PM (view original):
"Lying" to the public during a crisis is not a crime - it's practically ubiquitous amongst 20th-century presidents. Perjury is a crime. There is a clear bright line you're choosing to ignore. So Clinton is a terrible counter-example. Johnson is a good one. The impeachment of Johnson is pretty much universally regarded as unconstitutional by historical and Constitutional scholars, so I'm not sure what you're trying to get at with that one.
Impeachment is not an option for "unfitness and a danger to health and welfare." Conceivably one could remove a sitting president for such things under the 25th Amendment; it's not what it was written for, but you could stretch the wording to allow that. You can't impeach for it.
Again, this has everything to do with separation of powers. A President is not a Prime Minister. He does not serve at the pleasure of the Congress. If you make "competence" grounds for impeachment, in effect, you allow the Congress to dump any President they don't like or approve of. This effectively makes the executive subservient to the legislative and thus undermines the independence of the executive branch.
I agree with this, at least in theory. Or, in a perfect world (note to self--listen to Bill Lloyd's "Set To Pop")........ that is so.
further I believe you are correct within your assumption of the "intent" of our framers.
I don't even take issue with your point regarding Clinton, assuming that "perjury" is a serious enough act to warrant the constitutional language. Never mind the fact that "perjury" is committed in every Court of nearly every jurisdiction in this land without enforcement.
Here's the rub, the but. THIS ain't a perfect world and you're evading my point.
The present conclusion I proffer is that we've already devolved Constitutionally past the ideal you defend.
Bluntly put, for quite a while now each branch of our Government has considered itself to be "effectively" dominant.
Congress (or the majority within, when in POWER, either Party!) believes IT gets to determine the Constitutional meaning of "high crimes and misdemeanors" and has acted accordingly more than once!
Until they actually succeed at (perhaps) violating the provisional Constitutional mandate regarding impeachment and it is challenged to the Supreme Court your idealism is misplaced and kinda moot.
Congress will continue to decide what is Constitutional "high crimes", or "misdemeanors" themselves and whether YOU or I like it (or not) is not very relevant.
As to the bit about Presidential lying in general.
Now,
my idealism surfaces. I tend to believe that, evidence to the contrary, that is NOT so. That NOT "practically" every President of the 20th century made a practice of lying to the public during a crisis. Particularly habitually, foolishly, and needlessly.
Did Eisenhower lie to us when he took the rather bold step of publicly warning us of the strength and power of the M.I.C.??
When did Jimmy Carter lie to us in a public crisis? I don't remember that?
Much more recently, what crisis did Pres. Obama lie to us about?
As an aside I didn't make any claim that just because Trump is a habitual (inveterate) liar Congress should impeach him. Nowhere did I state that.
Churchhill is regarded by History as the epitome of quality leadership in a time of crisis. He didn't lie to the British people.
The state of adherence to our Constitution (more correctly stated--the INTENT of the framers of our Constitution) in today's time, NOW---- IS what it is!
Not so much.
Congress's willingness to abide any theoretical restraint to their ability to decide for themselves what is impeachable is demonstrably limited.
Thus, your idealism regarding the Constitutionality of impeachment for purposeful negligence of duty, stated lawfully as
dereliction of the public trust in violation of the OATH of office to "protect and defend...", while admirable idealism, is wholly misplaced!
You must be older than me...........to be such an idealist!
Or perhaps, you've been fortunate in life and haven't experienced mankind's shortcomings as much as many of us.
Either way.
Salud.
Stay safe, keep your head down, and a safe distance from all on 2 legs!
3/30/2020 2:35 PM (edited)