This is a space for those who like and have supported Hillary Clinton, as we consider the way forward. Those who degrade her and her supporters will be met with recipes and pictures of pets.
Good morning, everyone. Each week I’ll try to focus on a way we can make positive change in this country and advance progressive goals. I’ll focus on one big topic per week, and at some point revisit previous topics. I’ve looked at the Electoral College and the media. This week, I’ll look at a system that is supposed to root out corruption in this country, but Does. Not. Work. Like, at all. I’m talking about the system of impeachment.
The Constitution was ratified nearly 230 years ago, and impeachment is listed as a remedy for bad acts in Article II, Section 4:
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.
Procedures for impeachment and removal from office are further described in Article I, Section 3:
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachments shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust, or Profit under the United States, but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law.
I think we would all be significantly less terrified of a Trump presidency if we thought that impeachment as a remedy actually worked. Unfortunately, during the 230 years since, only 19 federal officials have been impeached. Of that number:
- Only two were Presidents.
- Fifteen were judges.
- Nine were actually removed from office.
- The rest either resigned (three) or were acquitted (seven).
Raise your hand if you think way more than 19 federal officials have ever been guilty of treason, bribery, or other high crimes and misdemeanors?
Yeah, thought so.
Even more distressing, at least some of those 19 impeachments were motivated by politics, such as the impeachment of *cough* a certain 42nd President *cough*.
That President Donald Trump will commit impeachable offenses goes without saying. The problem is that the Republicans in control of Congress, as a group, have shown absolutely no inclination to hold him accountable. In fact, they will probably seek to contribute.
Terrible, tragic actions occurred every day during the Bush administration. I shudder to think of what will happen under a Trump administration.
Even if Congress were in the hands of Democrats and we had a Democratic president, it would not be good for Democrats to circle wagons around a President that bribed officials or sold secrets to the Russians.
If one thing is clear, it’s that politicians cannot be trusted to police their own. And don’t look to the Supreme Court to weigh in on whether a federal official has committed a crime for which he/she should be removed from office. That’s a “political question.”
Sometimes officials’ actions are so destructive, you simply can’t afford to wait out their terms. That’s why we need a true means of investigating and removing the President and other federal officials from office that is neutral and effective.
What would not be effective? A recall. Recall is a nice idea, but would be tough to implement on a grand scale and could just as easily be based on people’s self-interest as impeachment.
Another possibility would be for there to be an independent body that is removed from political considerations that issues indictments, conducts investigations, and votes for removal. The problem there? Our current “independent” bodies, such as the FBI, have demonstrated that they are not exactly free of political influence. More concerning, independent bodies in which certain individuals have unlimited tenures (like J. Edgar Hoover did) can become just as corrupt and self-serving as any individuals in an institution where its members have known political biases.
I think the body that could possibly be effective would be one that has an ever changing panel of judges, so that none sits on the panel for two long. There could be a random selection of judges (maybe retired) and/or lawyers similar to jury selection, and lawyers representing both the People and the indicted official could have a certain number of “dismissals” to work with so that they could get rid of those obviously biased toward one side. The panel would sit until the end of the proceedings, and then it would get cleared away, and a new panel called.
Obviously this system would have flaws, just as jury selection does. And obviously it would run into the same problems that any amendment to the Constitution would. However, it could be a markedly better solution for all of us. Those sitting on a panel would be likely to take their duty seriously and really apply the facts to the law. If they are not tied down to a certain politician or political party, they would likely be less resistant to removing a truly corrupt official… like Donald Trump.
If you can think of another, possibly superior, solution, I would love to hear it.
In other news, if nothing else, it’s good to see Hillary and Bill finally relax...
Make the impossible possible. This is your open thread.