Declaration of Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.
Showing posts with label causes for impeachment. Show all posts
Showing posts with label causes for impeachment. Show all posts

Tuesday, February 4, 2014

Impeachment

                Do you believe that Barack Obama should be impeached?  Do you think he should be impeached and convicted?  Do you think he should be impeached, convicted, and forced out of office?  The question of impeaching Mr. Obama arises more and more often, first by conservatives and now liberals are joining them.

                According to WND, the following members of the House of Representatives have called for Mr. Obama to be impeached:  Steve King (R-Iowa), Blake Farenthold (R-Texas), Bill Flores (R-Texas), Duncan Hunter (R-California), Kerry Bentivolio (R-Michigan), Jason Chaffetz (R-Utah), Michele Bachmann (R-Minnesota), Louie Gohmert (R-Texas), Trey Radel (R-Florida), and Ted Yoho (R-Florida).  Senators calling for the impeachment of Mr. Obama include:  Tom Coburn (R-Oklahoma), Ted Cruz (R-Texas), James Inhofe (R-Oklahoma), and Tim Scott (R-South Carolina).

                Liberal journalist Nat Hentoff  believes that Barack Obama has abused the powers of the office of President of the United States even more than Richard Nixon did.  In fact, he calls Mr. Obama “the most un-American president in the nation’s history.”  Now he is calling for the impeachment of Mr. Obama.  He thinks the biggest problem of Mr. Obama is his “penchant to rule by executive order when he can’t convince Congress to do things his way.” 

                Mr. Hentoff is recognized as “one of the foremost authorities on the Bill of Rights and the Supreme Court,” and Mr. Obama’s recent statement about having “a pen and I’ve got a phone … and I can use that pen to sign executive orders and take executive actions,” fanned the flames of impeachment for Mr. Hentoff and many other people.  Mr. Hentoff’s article is well worth the time to read.

                WND’s list of impeachable offenses include:  delaying the employer mandate in Obamacare; changing the types of plans available under Obamacare; ensuring abortions would be covered under Obamacare; enacting key provisions of the failed Dream Act to halt deportations of illegal immigrants; enacting stricter gun-control measures; sealing presidential records; creating an economic council; creating a domestic policy council, and changing pay grades.

                If we are going to discuss impeachment of the President of the United States, we should know the facts first.  The Constitution of our nation gives directions for impeaching a President.

                Article I, Section 2, Clause 5 states:  “The House of Representatives … shall have the sole Power of Impeachment.”  This means that the members of the House are actually the ones that would impeach or indict Mr. Obama.  Two previous Presidents have been impeached or indicted by the House:  Andrew Johnson and Bill Clinton.  If you believe Mr. Obama deserves impeachment, you should contact your Representative in the House.

                Article I, Section 3, Clause 6 states:  “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.”   Once the House has impeached or indicted a President, the Senate must hold a trial.  If two-thirds of the Senators find him guilty, the President then leaves the office.  Neither Andrew Johnson nor Bill Clinton left office because the Senate failed to convict them.   Richard Nixon was fairly certain that he would be impeached and convicted; therefore, he chose to resign from the office of President of the United States before he could be impeached.  President Gerald Ford pardoned Mr. Nixon and saved him from any charges in the justice system.

                Article I, Section 1, Clause 7 states:  “Judgment in Cases of Impeachment shall note 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 the Law.”  The Congress has the power to force a President out of office and thus prevent him/her from ever working for the federal government again; however, they do not have the power to try for crimes committed.  For example:  If a President were to commit treason, Congress could force him out of office, but imprisonment or death would come through the justice system. 

                Article II, Section 4 states:  “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.”

                W. Cleon Skousen explained, “Note that the offenses for which officials of the government can be impeached are deliberately left very broad.  Treason and bribery were two of the most reprehensible offenses at the time of the Convention and both had played their part in creating serious military difficulties during the Revolutionary War.  These two offenses were therefore specifically mentioned, but the use of the words `high crimes and misdemeanors’ remained sufficiently broad to embrace practically any serious misbehavior while in office” (The Making of America – The Substance and Meaning of the Constitution, p. 563).


                I believe that Barack Obama should face impeachment charges.  I too believe that he is the worst President this country has ever endured.  I also believe that he is trying to destroy our nation as we know it and “transform” it into a socialist/communist nation.  I do not understand why the House of Representatives has not held an impeachment hearing.  I understand that papers have been drawn up for impeachment, but I do not know what the holdup is.  I believe that Mr. Obama would be impeached in the House, but I question that the Senate – especially under Harry Reid – would convict him.  Time may change the balance in the Senate since Mr. Obama acts more and more like he thinks he is a king, dictator, or tyrant.  I believe that our nation is in for some difficult times before we rid ourselves of this imposter-in-chief.

Sunday, February 17, 2013

Causes for Impeachment


                The topic of discussion for this Constitution Monday comes from 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.”  It is this provision in the Constitution that gives the U.S. House of Representatives the power and authority to bring impeachment charges against the occupants of the stated offices and gives the U.S. Senate the right to convict and remove them from office for any of the stated offenses.  Please note that “impeachment” takes place in the House and “conviction” and removal from office takes place in the Senate.

                “Note that the offenses for which officials of the government can be impeached are deliberately left very broad.  Treason and bribery were two of the most reprehensible offenses at the time of the Convention and both had played their part in creating serious military difficulties during the Revolutionary War. These two offenses were therefore specifically mentioned, but the use of the words `high crimes and misdemeanors’ remained sufficiently broad to embrace practically any serious behavior while in office.
                “A member of Congress is not a civil officer within the meaning of this section.  However, either House may conduct an investigation and remove any member who is guilty of offensive conduct.
                “If an officer resigns from office he is still subject to impeachment for acts committed while in office if the members of the House of Representatives elect to do so.  Furthermore, if a person is impeached and subsequently found guilty before the Senate, he not only suffers loss of his particular office but he may subsequently be prosecuted for any crimes he may have committed in connection with the charges brought up during the impeachment proceedings.”  (See W. Cleon Skousen in The Making of America – The Substance and Meaning of the Constitution, p. 563.)

                “Impeachment is the constitutionally specified means by which an official of the executive or judicial branch may be removed from office for misconduct.  There has been considerable controversy about what constitutes an impeachable offense.  At the Constitutional Convention, the delegates early on voted for `mal-practice and neglect of duty’ as grounds for impeachment, but the Committee of Detail narrowed the basis to treason, bribery, and corruption, then deleting the last point.  George Mason, who wanted the grounds much broader and similar to the earlier formulation, suggested `maladministration,’ but James Madison pointed out that this would destroy the President’s independence and make him dependent on the Senate.  Mason then suggested `high Crimes and Misdemeanors,’ which the Convention accepted.
                “Because `high Crimes and Misdemeanors’ was a term of art used in English impeachments, a plausible reading supported by many scholars is that the grounds for impeachment can be not only the defined crimes of treason and bribery, but also other criminal or even noncriminal behavior amounting to a serious dereliction of duty.  That interpretation is disputed, but it is agreed by virtually all that the impeachment remedy was to be used in only the most extreme situations, a position confirmed by the relatively few instances in which Congress has used the device.”  (See Stephen B. Presser in The Heritage Guide to the Constitution, pp. 225-226.)