It goes on to explicitly define and limit the president’s powers, specifically to being “commander in chief” of the armed forces (not of the country or of the government!), to the granting of reprieves and pardons (except in the case of impeachments), to making treaties (subject to Senate approval) and appointing officers to the cabinet and the courts (all subject to Senate approval).
That is it. There are no other presidential powers in the Constitution. Certainly there is no power granted to disobey or ignore Acts of Congress or to violate the law.
And yet here we have the president, at the start of his last year in office, announcing that he will not obey a law duly passed by the Congress that requires his administration to establish a commission to investigate the rampant corruption among private contractors operating in Afghanistan and Iraq, that he will not obey a law barring him from punishing whistleblowers who disclose such corruption, that he will not obey an order that his intelligence services must respond to requests from Congress for information (about such issues as torture of captives, or spying on American citizens, or destroying documents), and that he will not obey an order banning the establishment and construction of permanent military bases in Iraq, and banning attempts to gain US control over Iraqi oil.
Logically one would expect members of Congress in both parties to be up in arms over this illegal and clearly unconstitutional defiance—the more so because both houses of Congress are in the hands of the Democratic Party.
But we have heard not a peep from the “people’s representatives” at this brazen abuse of power.
The reason: Congress is afraid of impeachment.
It is so afraid to confront this usurper president that, incredibly, its members, Republican and Democrat alike, seem happy to surrender not only their own power, but the power of the institution of Congress, to avoid doing what the Constitution calls upon them to do: to impeach a criminal in the White House who has abused his powers of office, who has violated his oath to “preserve, protect and defend” the Constitution, and who has broken the law multiple times.
This is an appalling abrogation of responsibility on the part of our elected representatives in Washington, who also took oaths of office committing themselves to “preserve, protect and defend” the Constitution.
How can these hundreds of cowards and traitors in the Capitol, with straight faces, hold hand to heart and pledge allegiance, as they do at the start of every day in Congress? How can they with straight faces go before their constituents and pose as honorable men and women?
The Constitution is clear. It states that:
“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.”
Please observe that the word is shall, not may.
Now although the evidence is overwhelming, one can nonetheless debate whether the president broke the law when he went to war in Iraq or whether he knowingly lied about the reasons for that war. One can debate whether he broke the law by personally authorizing torture of captives. One can even debate whether he broke the Foreign Intelligence Surveillance Act. These are matters that require hearings in the House Judiciary Committee. But there is no need to hold hearings to decide whether the president has abused his power by declaring his intention to ignore laws passed by the Congress. This is an objective fact. A High Crime has been committed and openly confessed to by the President of the United States. Congress has only to vote on it as an impeachable act to restore its Constitutional authority, and to restore the damaged Constitution.
There is no question here of “diverting” Congress from its important duties. This need not be time-consuming business. Moreover, defending its authority from a usurper is surely the most important thing Congress can do. Neither is there any question of this being “divisive.” Every member of Congress should want to protect the Constitutional authority of the legislative branch from this fatal encroachment which, if unchallenged, renders Congress nothing but a talk shop no better than the local diner. Nor can there be any question about whether the votes are there or not, either to vote for an Article of Impeachment, or even to convict in the Senate. What member of Congress, of either party, would vote to approve and to sanction in perpetuity this or any president’s right to ignore the Constitution and willfully violate laws passed by the Congress—particularly given the likelihood that the next president could be a Democrat?
Here then, is an issue that Congress cannot ignore. Here is an issue that renders ludicrous House Speaker Nancy Pelosi’s assertion that “impeachment is off the table.” Here is an issue that should inflame every American citizen. Here is an issue that should be put to every candidate for office, including those running for the office of president:
Is President Bush, and is every future president, a dictator, who personally determines what laws are to be obeyed and what laws are to be ignored? Or is the president bound, like the rest of us, by the rule of law and the Constitution?
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