Saturday, August 2, 2014

To Impeach or not to Impeach, That is the Question

By Dale Weckbacher:

Proverbs 19:5
A false witness will not go unpunished,
And he who speaks lies will not escape.
NKJV

Leaders may believe they can use the power of the state to cover their lies and deceit but this scripture reminds us that we cannot escape our lies and we will suffer consequences for them.  Jesus put it this way in Mark 4:22, “For there is nothing hidden which will not be revealed, nor has anything been kept secret but that it should come to light.”  (NKJV)  God knows all and sees all so anyone believing they can get away with lies and deceit is only fooling themselves, their sins will become known.

I am no Shakespeare but perhaps that is how he would title this post.  Understanding that there may come a time in our nation’s history when the people would elect a president who would not follow the Constitution and lie to the American people, the founders provided a means of removing a president from office.  That means is impeachment.  However, many today do not understand why impeachment is in the constitution and its importance in maintaining checks in balances in our republic.  Impeachment has also become a political tool instead of a method of preserving the integrity of the republic.

Impeachment is constitutional and is outlined in article 1 of the Constitution which states,

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.  (1)

In section four, the Constitution outlines the grounds of impeachment,

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.  (1)

In the recent discussions regarding impeachment, questions have arisen as to what constitutes a high crime or misdemeanor.  In order to do this, we must look at what the original authors of the Constitution believed constituted a high crime or misdemeanor, which differs from what we define it as today.  For most of us, we think of a high crime as something criminal like murder, robbery, assault, etc.  However, the founders meant violation of the constitution and defined high crimes and misdemeanors as an abuse of power or a serious breach of trust.  (2) 

Contrary to media hype, the grounds for the impeachment of President Bill Clinton had little to do with sex and everything to do with abuse of power.  Members of the media attempted to downplay Clinton’s impeachment accusing Republicans of broadening the definition of high crimes and misdemeanors to fit their agenda.  (3)  However, lying to a grand jury about an affair he was having with an intern constitutes an abuse of power and thus, is an impeachable offence when we apply the originalist definition for we see it as an egregious breach of trust.  (4)  If a leader can lie about an affair, the public has reason to believe he or she can lie about anything.  

This leads to President Obama and the question of whether he has committed an impeachable offense.  If one applies the popular belief that a high crime or misdemeanor is a crime such as murder, robbery, or assault, President Obama has not committed such a crime and thus has done nothing worthy of impeachment.  However, when he took office he swore to uphold the Constitution, the authors of which held to a definition of high crimes and misdemeanors as an abuse of power or breach of trust.  Based on this definition, President Obama has committed numerous impeachable offences, such as,

1)      Threatening to act as a legislator instead of the nation’s executive (5)  – Article 2 of the Constitution outlines the duties of the President, the Nation’s chief executive.  (1)  In no portion of this article does it say that the President can enact legislation in the event Congress fails to do so. 
2)      Changing legislation already enacted by Congress (6) (7) – When Congress enacts legislation and it is signed by the President, it is the duty of that president and all future presidents to enforce that legislation.  By choosing to change Obamacare, a piece of legislation passed, and even upheld by the Supreme Court, President Obama is in essence acting as a judge and not an executive.  Interestingly, Obama is changing a piece of legislation he supported and actually signed.  Apparently, he had to sign the legislation before he could know what was in it.
3)      Using the IRS to attack political opponents (8) – Part of the impeachment proceedings that Congress intended to bring against President Nixon was his intention to use the IRS against political enemies.  (9)  Nixon only intended to abuse his executive power by using the IRS, it appears Obama may have actually done it. 
4)      His failure to protect our people in Benghazi – As commander and chief, the president has a duty to protect this country and those who swear to protect our country through their service.  President Obama’s failure to provide the additional protection requested by embassy personnel in Benghazi, plus his failure to respond during the attack on the embassy is a breach of trust. 

I am sure there are other instances of abuses of power and breaches of trust we could bring up, but the four listed above are ample evidence that Obama has committed impeachable offences.  Therefore, Congress would be right in bringing up articles of impeachment.  However, I believe that right now is not the time to do it. 

We currently do not have the numbers in Congress or control of the Senate in order to bring impeachment, and conviction of the President.  However, there is an election this November.  We therefore need to focus on gaining a greater conservative majority in the House and a new conservative speaker.  We also need to win a Republican majority in the Senate and relegate Harry Reid to just one vote out of 100 in the Senate. 

Once accomplishing this, we can begin the impeachment proceedings and put the Obama Administration on defense.  This will prohibit him from enacting executive orders out of fear of angering members of the House and Senate during the impeachment proceedings. 

In answer to the question to impeach or not to impeach, I believe the answer is yes but wait until the timing is better, after the election. 

1. Hillsdale College. The Constitution of the United States of America. [book auth.] Hillsdale College. The U.S. Constitution: A Reader. Hillsdale MI : Hillsdale College Press, 2012.

2. Holly on the Hill. High Crimes and Misdemeanors. hollyonthehill.com. [Online] [Cited: August 1, 2014.] http://hollyonthehill.com/high-crimes-and-misdemeanors/.

3. Katyal, Neal K. Impeachment as Congressional Constitutional Interpretation. scholarship.law.georgetown.edu. [Online] Georgetown University Law Center, January 2010. [Cited: August 1, 2014.] http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1121&context=facpub.

4. Nelson, Sara. Monica Lewinsky: Bill Clinton lied under oath about our relationship. www.dailymail.co.uk. [Online] Mailonline, December 18, 2009. [Cited: August 1, 2014.] http://www.dailymail.co.uk/news/article-1236938/Monica-Lewinsky-Bill-Clinton-lied-oath-relationship.html.

5. Logiurato, Brett. OBAMA ANNOUNCES HE'S BYPASSING CONGRESS ON IMMIGRATION REFORM. ww.businessinsider.com. [Online] Business Insider, June 30, 2014. [Cited: August 1, 2014.] http://www.businessinsider.com/obama-statement-immigration-reform-executive-action-2014-6.

6. Adler, Jonathan H. Another day, another illegal Obamacare delay. www.washingtonpost.com. [Online] The Washington Post, February 11, 2014. [Cited: August 1, 2014.] http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/11/another-day-another-illegal-obamacare-delay/.

7. Tyler Hartsfield, Grace-Marie Turner. 42 Changes to Obamacare...So Far. www.galen.org. [Online] Galen Institute, July 18, 2014. [Cited: August 1, 2014.] http://www.galen.org/newsletters/changes-to-obamacare-so-far/.

8. (R-KY), Sen. Mitch McConnell. EXCLUSIVE—MITCH MCCONNELL: OBAMA, IRS FIGHT TO KEEP CONSERVATIVE NONPROFITS FROM FORMING. www.breitbart.com. [Online] Breitbart News, January 30, 2014. [Cited: August 1, 2014.] http://www.breitbart.com/Big-Government/2014/01/30/Exclusive-Mitch-McConnell-Obama-Attempts-to-Prevent-Conservative-Nonprofits-from-Forming.


9. Krauthammer, Charles. Krauthammer: Second Article of Impeachment Against Nixon Was For Abusing The IRS. www.realclearpolitics.com. [Online] Real Clear Politics, June 16, 2014. [Cited: August 1, 2014.] http://www.realclearpolitics.com/video/2014/06/16/krauthammer_second_article_of_impeachment_against_nixon_was_for_abusing_the_irs.html.

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