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April 14, 2008 at 16:05:02

Promoted to column top on 4/14/08:
Does the Constitution Require the Impeachment of Bush and Cheney?

by David Swanson     Page 3 of 10 page(s)

www.opednews.com

 

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That is to say, if we are going to give anyone leeway to act above the law, the last person it should be is the person to whom we have entrusted the greatest power.

To the extent that I've looked at the discussions of impeachment at the Constitutional Convention and the states' ratifying conventions and in later remarks of the founders, one thing becomes clear:



They considered impeachment of the utmost importance.  They had risked their lives in a bloody struggle to overthrow a king.  The last thing they wanted was a new one.  And the fact that any new king might be voted out after four years did not alter their insistence that what they called "an elected despot" be subject to premature removal.  Jefferson in particular, but others as well, expected and hoped that impeachment would be used at least once a generation.  They did not believe that the threat of it would be sufficient to hold presidents or justices in check without its routine use.  

To the extent that I've looked at the history of impeachment in this country (and I rely above all on John Nichol's book "The Genius of Impeachment"), a few things become clear:

1. Impeachments and movements in Congress toward impeachment have in fact been much more common than many people realize.

2. Impeachments tend to be very popular with the public, and congress members who impeach tend to be viewed as standing up for the Constitution.

3. Impeachment movements that fall short of actual impeachment in the House or of removal from office following a trial in the Senate have served nonetheless to substantially restore the rule of law.

Let me give you a few examples to illustrate each of those three statements.

How common is impeachment?

The U.S. House of Representatives has initiated impeachments 62 times and impeached 17 people, including 13 federal judges, one supreme court justice, one secretary of war, one U.S. senator, and two presidents.  Of the 17, seven were convicted in the Senate.  Articles of Impeachment have been filed against 10 presidents: Tyler, Johnson, Cleveland, Hoover, Truman, Nixon, Reagan, Bush, Clinton, and Bush.  Two were impeached and acquitted.  One resigned, as did the secretary of war.  If the Elliot Spitzer scandal on top of the Bill Clinton impeachment gave you the idea that threats of impeachment are only for Democrats and only for sex, you were not completely off.  More impeachments have been filed by Republicans and Whigs than by Democrats.

Republicans moved to impeach Republican Herbert Hoover and Democrat Harry Truman.  Truman's abuses of power were very quickly reined in by the Supreme Court, and the impeachment was dropped, but the Republicans looked good and won the next elections.  Democrats led the effort to impeach Richard Nixon, but Republicans joined in, backed impeachment, and persuaded Nixon to resign.  Gerald Ford stepped in and ran as an incumbent but lost, and the Democrats in Congress won the biggest victories in Congress anyone remembers.

How popular is impeachment?

In contrast to the post-Nixon elections, when the Democratic leadership chose not to impeach Ronald Reagan, arguing that it was more important to win elections, they proceeded to lose the elections.  When the Republicans impeached and tried Bill Clinton against the will of a huge majority of the public, they held both houses of Congress and took the White House, losing a few seats in the Senate which had acquitted.  Some of the impeachment leaders won with bigger margins than they had before, and Al Gore was put on the defensive to such an extent that he chose impeachment-advocate Joe Lieberman as a running mate and pretended he'd never met Bill Clinton.  

After the Whigs attempted to impeach Tyler, they picked up seven seats, and Tyler left politics.

Weeks after he lobbied for Johnson's impeachment, Grant was nominated for President.

After pushing toward impeachment for Polk, Lincoln was elected president.

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http://www.davidswanson.org

DAVID SWANSON is a co-founder of After Downing Street, a writer and activist, and the Washington Director of Democrats.com. He is a board member of Progressive Democrats of America, and serves on the Executive Council of the Washington-Baltimore Newspaper Guild, TNG-CWA. He has worked as a newspaper reporter and as a communications director, with jobs including Press Secretary for Dennis Kucinich's 2004 presidential campaign, Media Coordinator for the International Labor Communications Association, and three years as Communications Coordinator for ACORN, the Association of Community Organizations for Reform Now. Swanson obtained a Master's degree in philosophy from the University of Virginia in 1997.

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12 comments


Wolfie

imprunement might be better for our constitutions.

don't waste my time with facts. they are just too time consuming. and when it comes to time, it justs ticks and tocks and gives me a head-ache. let's reminisce about the good ol' days and how wonderful it's going to be when Johnnie comes marching home.

but now- forgeddiboutit! i'm too busy, i can't find the time to tell you, Emerson.

go tell it on a mountain. call out to nancy and harry. tell conyers, too. this train is gonna stop for no-one.

let me count the ways ( and means). and I do mean being a meany, minie, moe.

so get it off the table, open up wide and stuff the imprunement where it was intended to travel. impeaches and herb, maybe. but real live congressional representatives are now being replaced by virtual un-reality.

wolfie is no owl, but he does give a hoot!

 

by Wolfie (9 articles, 0 quicklinks, 17 diaries, 1058 comments) on Monday, April 14, 2008 at 6:06:56 PM
 


George Washington

George Washington is a pen name. I am using the pen name, with the approval of the publisher, because I have received death threats due to my 9/11 research and writing. I am using a pen name to protect myself and my family.

George WashingtonGeorge Washington

George Washington is a pen name. I am using the pen name, with the approval of the publisher, because I have received death threats due to my 9/11 research and writing. I am using a pen name to protect myself and my family.

Mr. Swanson

My answer, of course, is "yes!"

A question:  Continuity of government plans were implemented on Dick Cheney on 9/11.    See this, this, this and this).

Have you asked John Conyers or any other congress member or Senator whether those Continuity of government plans were ever officially terminated?

If they were not, it might help explain why impeachment has been "off the table".   Indeed, Congress may not even be sitting at the table.

by George Washington (67 articles, 18 quicklinks, 136 diaries, 179 comments) on Monday, April 14, 2008 at 8:27:00 PM
 


John H Kennedy is a A 43 year Denver, Colorado Democratic voter and Obama delegate to the Denver County Convention. He is fed up with the do nothing Democratic Congress' failure to protect the Constitution and the separation of powers by impeachment. He is the organizer for the
Impeach Colorado Coalition http://ImpeachCO.com He believes that to accomplish Impeachment prior to the election we must ruthlessly pressure all Democrats who are in tight races nationwide and force them to call...

to see more of bio, click on member name

John H KennedyJohn H Kennedy is a A 43 year Denver, Colorado Democratic voter and Obama delegate to the Denver County Convention. He is fed up with the do nothing Democratic Congress' failure to protect the Constitution and the separation of powers by impeachment. He is the organizer for the
Impeach Colorado Coalition http://ImpeachCO.com He believes that to accomplish Impeachment prior to the election we must ruthlessly pressure all Democrats who are in tight races nationwide and force them to call...

to see more of bio, click on member name

A couple of things we can do to ensure impeachment

Darn right it does.

The problem is how do we get the House Democrats to hold Impeachment Hearings? We tried about everything.

The answer we think is GET TOUGH WITH THEM! SOON!!!!

We have a To To List for Today and Tuesday.

Item-1: Send preprepared messages to the Democratic New Hampshire House Representatives to urge them to support Rep. Betty Hall's resolution to push the US House to start Impeachment Hearings. The suggested letter and the comma separated email lists are HERE

 

Item-2: In Colorado we have after much trial and error come up with a plan we think will force the Colorado Congressmen to call for impeachment hearings. We are having enough of an effect on the Udall campaign that one of the prominent Udall supporters contacted us and asked us to back off. Udall is an incumbent Congressman in CD2 that is running for the Senate in a tight race.

Information about our plan is HERE

Check out the value of putting rentless uncompromising pressure on Democratic Congressmen who are in tight races. We think it might be the key to getting the "safe seat" Democrats to call for impeachment.

Join US, the Plan is working.

 John H Kennedy

Impeach Colorado Coalition http://ImpeachCO.com  

 

by John H Kennedy (6 articles, 1 quicklinks, 1 diaries, 95 comments) on Monday, April 14, 2008 at 9:40:23 PM
 


Stanimal is a concerned citizen of planet Earth, wanting to promote fairness and harmony with fellow inhabitants.
StanimalStanimal is a concerned citizen of planet Earth, wanting to promote fairness and harmony with fellow inhabitants.

You swear an oath to uphold

the Constitution and support the laws that govern the nation. When you refer to it as a "piece of paper" and issue signing statements, I would understand it to mean that impeachment is vital to protect the pillars of government.

Obviously the democrats are in too deep with the republicans on the illegal occupations profiteering, that bill as a "War on Terrorism".

 

by Stanimal (0 articles, 0 quicklinks, 14 diaries, 429 comments) on Monday, April 14, 2008 at 10:28:01 PM
 


Mark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

Mark AdamsMark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

A Government of Law, Not Men

David, great work! It is important to remind everyone that impeachment is the means by which Congress can tell the executive and judicial branches to follow the law, but so far, only a handful of courageous members have pushed for the impeachment of Bush and Cheney. Others may join in the push to require the legislative branch to do its duty and hold the executive and judicial branches accountable. The way to get that to happen is by more people taking action.

Go to campaign functions, and tell the candidates that you have two short questions. Ask the candidates whether they believe that members of our government should be required to follow the law and be held accountable if they have broken the law. They will almost certainly say yes. People inherently understand that if our governors can violate the law without consequences, then they will abuse their power. Then, ask if they support impeachment of Bush and Cheney for their numerous offenses. Videotape your Q & A, and put it up on the web.

For more information on the push to have New Hampshire’s Legislature pass legislation requiring institution of impeachment proceedings in the U.S. House of Representatives, see http://www.scoop.co.nz/stories/HL0804/S00172.htm

http://web.mac.com/sidhall/iWeb/www.bettybhall.com/Impeachment.html

Our governors at all levels now routinely violate the law without consequences. The checks that the people had to hold our governors accountable have been almost completely eliminated.

Currently, we no longer get to elect our leaders or throw bad ones out of office. Our votes are "counted" in secret on computers, and these "official" secret vote counts have been proven wrong repeatedly. Not only is secret vote counting dangerous, it’s unconstitutional, and when it was put in place, it is impossible to imagine that no one bothered to look at the constitutionality of it.

For more information, see Project Vote Count’s Election News at http://www.projectvotecount.com/ElectionNews.aspx

My article, "Virginia’s Elections Are UNCONSTITUTIONAL?!?!" includes a link in my comment to a video of my conversation with election officials in Virginia who pretend not to understand that computers count in secret. They say no one ever even though of that. Yeah, right!?! It also includes a link to my letters to each candidate asking them to take action to require that our elections be conducted in a constitutional manner. Naturally, not a single one took action.

My discussion with the election official in South Carolina was as laughable, but he did not want to be recorded. Any way, in my articles on Virginia and South Carolina, I point out that not only do the constitutions of both of those states specifically prohibit secret vote counting, but also, so do some U.S. Supreme Court decisions.

Everyone knows that the people are supposed to be able to peacefully remove bad leaders through elections, but what if those who control the machines, and their secret vote count, want bad leaders in power? Is there another way that citizens can prevent abuse of power without resorting to violence?

Yes, there is or was another way to hold our governors accountable without resorting to violence. If you want to find out the other civil check on government abuse of power that our Founders provided for us, then read What Happens When the People Lose the Power to Control Government and What You Can Do to Take the Power Back? http://www.opednews.com/articles/opedne_mark_ada_080204_what_happens_when_th.htm

If Congress will not perform its duty to hold Bush and Cheney accountable, then our nation is no longer a government of law, and everyone will suffer from increasing crime, violence, and poverty, the consequences that flow from every dictatorship.

by Mark Adams (12 articles, 0 quicklinks, 0 diaries, 90 comments) on Monday, April 14, 2008 at 11:58:41 PM
 



Wolfie

count me in

the votes are controlled by ???

our representatives listen to ???

our security is monitored by ???

we are dependent on a media that tells us the ???

the laws are enforced by ???

our only recourse is ???

      w o l f i e , is he baying to the moon ???

by Wolfie (9 articles, 0 quicklinks, 17 diaries, 1058 comments) on Tuesday, April 15, 2008 at 1:03:55 AM
 


Bill Cain is a professional travel photo-journalist who writes primarily for the Concord Monitor in Concord, New Hampshire. He's visited all seven continents, countless countries and his travel experiences have contributed to and are reflected in his world views.
Bill CainBill Cain is a professional travel photo-journalist who writes primarily for the Concord Monitor in Concord, New Hampshire. He's visited all seven continents, countless countries and his travel experiences have contributed to and are reflected in his world views.

New Hampshire Impeachment Rally

The litany of impeachable offences of which this administration is guilty should be clear to anyone with an IQ slightly above that of mud, and to any demonstrably sane person who has the ability to think for himself. But here in New Hampshire, where impeachment is currently being debated in the  House of Representatives, there is little sanity on this side of the paradigm shift.

An article in the Concord Monitor today describes the rally last night in favor of impeachment this way:

"The event drew a variety of entertainment. An Ethan Allen impersonator from Vermont kicked off the show by proclaiming Cheney and Bush 'vain, arrogant, corrupt, unelected and impeachable'. Next up came a music video featuring images of Cheney in a devil suit and Bush as a vampire looming over the neck of the Statue of Libery and a song with the line: 'You lied, you lied, you lied - and because of you thousands of people have died."

With coverage like this, who needs any more facts? 

Don't hold your breath waiting for the neanderthals here in New Hampshire State government to actully make a difference. I've lived here for 32 years, and the plodding mentality I see all around me is downright depressing.

by Bill Cain (2 articles, 0 quicklinks, 0 diaries, 271 comments) on Tuesday, April 15, 2008 at 11:28:25 AM
 


I am just a US citizen interested in veracity and integrity. Carpenter and embryonic philosopher, cancer has left me in the position, for the first time in my life, of having all the time I want to read and think. A painfull process on many levels.
TorusI am just a US citizen interested in veracity and integrity. Carpenter and embryonic philosopher, cancer has left me in the position, for the first time in my life, of having all the time I want to read and think. A painfull process on many levels.

Impeachment Is A Constitutional Nessesity, But...

How do we get Congress to act when the bulk of the body is so guilty of corruption and complicity? My feeling is that our Reps are so dirty that they fear the investigations themselves. We have waited too long, I see no public pressure adequate to institute proceedings at this time.

But you know, doing the right thing needs not wait on surety, or even expectation of success. We must keep pushing.

by Torus (0 articles, 0 quicklinks, 0 diaries, 10 comments) on Tuesday, April 15, 2008 at 12:02:27 PM
 


In progress
Samuel BryanIn progress

David, you "propose impeaching Cheney first or

together with Bush”. You sayImpeachment is an investigation, leading to an indictment.” But nothing you say suggests you have reviewed the House Rules on Impeachment (#603 and #604) to come up with a workable plan.

by Samuel Bryan (0 articles, 0 quicklinks, 0 diaries, 111 comments) on Tuesday, April 15, 2008 at 3:44:18 PM
 


A concerned citizen and former mathematician/engineer now retired and living in rural Maine.
PrMaineA concerned citizen and former mathematician/engineer now retired and living in rural Maine.

Outstanding Article

Too bad that Nancy Pelosi does not understand her responibilities to the constitution.

Everyone who agrees with this should send Nancy Pelosi a link to this article. No doubt she lacks the time to read such a long article but perhaps her staff can read it and digest its contents for her.

You can send such a link by visiting her contact web page.

by PrMaine (8 articles, 5 quicklinks, 1 diaries, 283 comments) on Tuesday, April 15, 2008 at 5:59:04 PM
 

 

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