Tags for This Article:

Impeachment (3193) 

Populum Tag Cloud
       Control Panel
Fine tune your search to access content
Articles
Diaries Products
Events All
All time
Last 6 mos
Last month
Last week
Last 24 hrs
From:
Month  Day   Year

To:
Month  Day   Year
Alphabet
Popularity
Count ON
Count OFF
This Level
Sub-levels

 

 

 

Tag(s):
Add to My Group
March 27, 2007 at 22:16:04

View Ratings | Rate It

James Madison - "Impeach Bush Over Purgegate!"

by Thom Hartmann     Page 1 of 2 page(s)

www.opednews.com

 

Tell A Friend

According to James Madison, the "Father of the Constitution," if a President were to order or allow the "wanton removal of meritorious officers" such as US attorneys, such an action "would subject the President to impeachment and removal from his own high trust."

The issue of the firing of people within the Executive branch for political purposes came up during a debate in 1789 about how to create agencies within the Executive branch that would be consistent with Article II, Section 2 of the US Constitution, which says that the President can appoint people (like US Attorneys/prosecutors), but they couldn't take office unless the Senate votes to confirm each individual appointment:



He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.


But if the President can nominate, and the Senate confirm somebody like a federal prosecutor, who can fire one? And what if they're fired for politcal purposes?

Madison's logic was straightforward, and came about in one of his first major speeches before the House of Representatives, on 17 June 1789, just a few months into his first term as a Congressman (he would later become Secretary of State and President). A bill was put forward to create what is today known as the State Department in a more formal fashion than had existed when George Washington had become the new nation's first President just three months before and appointed Thomas Jefferson as his Secretary of State Affairs.

As with other agencies brought into law by Congress, this new Department of Foreign Affairs being debated would have to exist under the oversight and supervision of the Executive Branch of government, led by the President. And, as such, how, Congress wanted to know, could they make sure that no President would ever allow good members of his various departments ("meritorious officers") to be fired for purely political purposes ("wanton removal")?

The Congressional Register from that day lays out Madison's entire speech. Because it's thorough and detailed, and offers a brilliant insight into the thinking of the most important of the Framers of our Constitution (Madison), I reproduce it in its entirety below. Because it's rather long, however, I've also bolded and italicized those parts that get right to the nub of the matter so you can skim it first, and then go back and read the entire thing in context.

The essence of the debate is over whether Congress or the President would have the power to fire people employed below the level of a Cabinet officer in the George Washington and future administrations. The conclusion of the majority - and thus the way the law is today - is that Congress felt that the Senate's approval of the hiring of federal officers was critical (a power the Patriot Act took away, and the Senate voted last week to restore), and that when it comes to firing them, the President has the power. However, if the President were to abuse that power to fire federal officials through the "wanton removal of meritorious officers," he should be immediately impeached.

This was particularly relevant since, in 1789, there were no federal crimes that had yet been defined. So when the Constitution said that a President could be impeached for "High Crimes and Misdemeanors" there were none specified at the time. (The first federal crime was specified in 1790.) So Congress, at this point, was in the process of both creating new executive offices and of defining impeachable "crimes." They were establishing precedents, and this was a grave matter. It would echo forward for centuries.

The Congressional Register 17 June 1789

The house went into a committee of the whole on the bill for establishing the department of foreign affairs, and resumed the consideration of the clause "to be removable by the president."

Mr. Madison [is called upon to speak].

However various the opinions which exist upon the point now before us, it seems agreed on all sides, that it demands a careful investigation and full discussion. I feel the importance of the question, and know that our decision will involve the decision of all similar cases. The decision that is at this time made will become the permanent exposition of the constitution; and on a permanent exposition of the constitution will depend the genius and character of the whole government. It will depend, perhaps, on this decision, whether the government shall retain that equilibrium which the constitution intended, or take a direction toward aristocracy, or anarchy among the members of the government. Hence how careful ought we to be to give a true direction to a power so critically circumstanced. It is incumbent on us to weigh with particular attention the arguments which have been advanced in support of the various opinions with cautious deliberation.

I own to you, Mr. chairman, that I feel great anxiety upon this question; I feel an anxiety, because I am called upon to give a decision in a case that may affect the fundamental principles of the government under which we act, and liberty itself. But all that I can do on such an occasion is to weigh well every thing advanced on both sides, with the purest desire to find out the true meaning of the constitution, and to be guided by that, and an attachment to the true spirit of liberty, whose influence I believe strongly predominates here.

Several constructions have been put upon the constitution relative to the point in question. The gentleman from Connecticut (Mr. Sherman) has advanced a doctrine which was not touched upon before. He seems to think (if I understood him right), that the power of displacing from office is subject to legislative discretion; because it having a right to create, it may limit or modify as is thought proper. I shall not say but at first view this doctrine may seem to have some plausibility: But when I consider, that the constitution clearly intended to maintain a marked distinction between the legislative, executive, and judicial powers of government; and when I consider, that if the legislature has a power, such as contended for, they may subject, and transfer at discretion, powers from one department of government to another; they may, on that principle, exclude the president altogether from exercising any authority in the removal of officers; they may give it to the senate alone, or the president and senate combined; they may vest it in the whole congress, or they may reserve it to be exercised by this house. When I consider the consequences of this doctrine, and compare them with the true principles of the constitution, I own that I cannot subscribe to it.

Another doctrine which has found very respectable friends, has been particularly advocated by the gentleman from South-Carolina (Mr. Smith). It is this; when an officer is appointed by the president and senate, he can only be displaced from malfeasance in his office by impeachment: I think this would give a stability to the executive department so far as it may be described by the heads of departments, which is more incompatible with the genius of republican governments in general, and this constitution in particular, than any doctrine which has yet been proposed. The danger to liberty, the danger of mal-administration has not yet been found to lay so much in the facility of introducing improper persons into office, as in the difficulty of displacing those who are unworthy of the public trust. If it is said that an officer once appointed shall not be displaced without the formality required by impeachment, I shall be glad to know what security we have for the faithful administration of the government. Every individual in the long chain which extends from the highest to the lowest link of the executive magistracy, would find a security in his situation which would relax his fidelity and promptitude in the discharge of his duty.

 1  |  2

 

http://www.thomhartmann.com

Thom Hartmann is a Project Censored Award-winning New York Times best-selling author, and host of a nationally syndicated daily progressive talk program on the Air America Radio Network, live noon-3 PM ET. www.thomhartmann.com His most recent books are "The Last Hours of Ancient Sunlight," "Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights," "We The People," "What Would Jefferson Do?," "Screwed: The Undeclared War Against the Middle Class," and "Cracking The Code: How to Win Hearts, Change Minds, and Restore America-s Original Vision."

And here are 80 more older articles by Thom Hartmann.

Contact Author
Contact Editor
View Other Articles by Author

 

Bookmark this page: (what's this?)

NETSCAPE      DIGG THIS      Add This Page to Mr Wong!           NEWSVINE      DEl.ICIO.US      Looksmart Furl      My Web      Tag!RawSugar      Blink List     (More...)
Comments: Expand   Shrink   Hide  
2 comments

Alex Wallenwein, J.D., is a former attorney in Houston, Texas, and a grass-roots activist for the rule of law and American liberty. He organizes the Houston 4 Ron Paul 2008 Meetup.
Alex WallenweinAlex Wallenwein, J.D., is a former attorney in Houston, Texas, and a grass-roots activist for the rule of law and American liberty. He organizes the Houston 4 Ron Paul 2008 Meetup.

Madison on "Purge-Gate"

Excellent research, and a cogent and powerful argument against executive abuses of power well-founded in constitutional history.

 Bravo!

by Alex Wallenwein (17 articles, 0 quicklinks, 1 diaries, 15 comments) on Wednesday, March 28, 2007 at 1:07:53 PM
 


Eliot Gould , 52, is currently active in New Mexico's political scene. A native of Chicago,and active in Chicago politics,Gould studied the Presidency at Center for the Study of the Presidency, with extensive writings upon Lincoln and Wilson.
Eliot GouldEliot Gould , 52, is currently active in New Mexico's political scene. A native of Chicago,and active in Chicago politics,Gould studied the Presidency at Center for the Study of the Presidency, with extensive writings upon Lincoln and Wilson.

Good article

That is a good paper. Clearly the incumbant President has no such principles nor  idea of Constitutional integrity as Mr. Madison...But short of impeachment perhaps it is time to repeal the "Patriot Act" in entirety..just as the alien and sedition act of the first Adams was repealed.

by Eliot Gould (13 articles, 0 quicklinks, 21 diaries, 140 comments) on Wednesday, March 28, 2007 at 8:47:19 PM
 

 

2 comments

 

Tell A Friend

 


Copyright © OpEdNews, 2002-2008

Blog Ads

 

 

 

 

Most Popular Articles
in the Last 2 Days
(by Recommend Emails)

NEW IDEAS ON RESTORING U. S. ECONOMY, for the Next Secretary of Commerce, William Blaine Richardson III by Stephen Fox

Detroit vs. Wall Street: The Trillion Dollar Class War by Cameron Salisbury

Saving the Big 3 for You and Me ...a message from Michael Moore by Michael Moore

SO SAY THE BANKERS: Learn to Love the 'AMERO' by Patrick Henningsen

Credit Card Crisis Is Here / Derivatives Next by Allen L Roland

No Bailout Oversight: Bush Stalls Inspector General Selection by Allen L Roland

End of the Road to Moronity by Rand Clifford

Paulson shoots another arrow into the heart of the Economy by Andrew Hughes

Leading lives of quiet desperation this holiday season by Sheryl Letzgus McGinnis

For the GOP, the Economic Meltdown May Have Happened Just a Wee Bit Early by Bernard Weiner

Go To Top 50 Most Popular