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Federalist Papers # 65 - Hamilton on Impeachment

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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:39 AM
Original message
Federalist Papers # 65 - Hamilton on Impeachment
What did the authors of the Constitution mean when stating that impeachmment should be rendered for "high crimes and misdemeanors"? Here is Alexander Hamilton's explanation. Sorry if this has already been posted. I think it is so important that I may post it again.

"A well-constituted court for the trial of impeachments is an object not more to be desired than difficult to be obtained in a government wholly elective. The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself. The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused. In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.

The delicacy and magnitude of a trust which so deeply concerns the political reputation and existence of every man engaged in the administration of public affairs, speak for themselves. The difficulty of placing it rightly, in a government resting entirely on the basis of periodical elections, will as readily be perceived, when it is considered that the most conspicuous characters in it will, from that circumstance, be too often the leaders or the tools of the most cunning or the most numerous faction, and on this account, can hardly be expected to possess the requisite neutrality towards those whose conduct may be the subject of scrutiny.

The convention, it appears, thought the Senate the most fit depository of this important trust. Those who can best discern the intrinsic difficulty of the thing, will be least hasty in condemning that opinion, and will be most inclined to allow due weight to the arguments which may be supposed to have produced it.

What, it may be asked, is the true spirit of the institution itself? Is it not designed as a method of NATIONAL INQUEST into the conduct of public men? If this be the design of it, who can so properly be the inquisitors for the nation as the representatives of the nation themselves? It is not disputed that the power of originating the inquiry, or, in other words, of preferring the impeachment, ought to be lodged in the hands of one branch of the legislative body. Will not the reasons which indicate the propriety of this arrangement strongly plead for an admission of the other branch of that body to a share of the inquiry? The model from which the idea of this institution has been borrowed, pointed out that course to the convention. In Great Britain it is the province of the House of Commons to prefer the impeachment, and of the House of Lords to decide upon it. Several of the State constitutions have followed the example. As well the latter, as the former, seem to have regarded the practice of impeachments as a bridle in the hands of the legislative body upon the executive servants of the government. Is not this the true light in which it ought to be regarded?"

http://www.conservativetruth.org/library/fed65.html

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Vilis Veritas Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:56 AM
Response to Original message
1. However, if you place yourself above the law...
There are no High Crimes and Misdemeanors...right?

I think that is what has everyone on the hill so worried right now. It is not a fascist state, yet, per se, however, by refusing to allow Congress the right to request information and seek explanations - to place the office of the President out of bounds - effectively removes the rule of law.

Reference the post by WillianPitt...people are shitting themselves...and Bush is getting a colonoscopy, how f'ing appropriate.
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RFKJrNews Donating Member (760 posts) Send PM | Profile | Ignore Sat Jul-21-07 08:22 AM
Response to Original message
2. Absolutely!
Edited on Sat Jul-21-07 08:23 AM by RFKin2008
Very good, thanks for the post.

btw, RFK Jr. says "WE Should Impeach Bush as a Civics Lesson."
story here: http://RFKin2008.com

So true, especially considering our country (and certainly our Congress) could use a good civics lesson right now. Time to read the Federalist Papers again...

Methinks Kennedy has read the Federalist Papers, knows them by heart.

Why the hell isn't this man running for President?

If you support Bobby, please SIGN THE PETITION to Draft him as a presidential candidate in 2008;

http://www.ipetitions.com/petition/RFKin2008/
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 10:19 PM
Response to Reply #2
3. Bush is begging for impeachment.
He probably thinks it will excite his "base." I think, to the contrary, the information that will be learned about his administration will disgust even his base. It's just a matter of what should be the focus of the impeachment. The attorney firing scandal is good, but then the war is too.
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John Q. Citizen Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 10:21 AM
Response to Reply #3
6. The focus has to be on the crimes committed against the country as a whole;
Edited on Sun Jul-22-07 10:23 AM by John Q. Citizen
I suggest the following.


1. The cynical and premeditated manipulation of evidence to get us into Iraq. Lying to congress and the people as policy. Use of constitutionally mandated SOTU address, the UN of which the US is a signatory and Corruption.

2. The politicization of Justice, the use of the power of the Gov. to impede political rivals and to protect political allies. Abuse of power.

3. The systematic erosion of the power of the people and the systematic aggrandizement of the power of the executive branch. Usurpation of power. (many examples)

4. The on going and repeated attempts to block the right of the people to know what's going on in their government as a means to hide criminal actions. Obstruction of Justice.

5. Pre-meditated Criminal negligence resulting in loss or death to US citizens as per 9/11, NOLA, global warming, Plame outing, military protection, 9/11 investigation, Afghanistan, Osama, and many more.

6. Subversion and crimes against the constitution of the US. Signing statements, illegal wiretapping and surveillance, due process, the systematic gutting of constitutional protections of the people.

7. Using the office as an on-going criminal enterprise. Treason

This administration has entered into secret agreements with foreign governments with the purpose the material enrichment of the executive's cronies and the political manipulation of our country for personal political gain which clearly harmed the best interest of the people, has damaged our country diplomatically as well as militarily. Has tarnished our good will, our honor, our credibility among nations, has depleted our treasury, plunged us into debt, depleted our physical defense abilities and resources, harmed our intelligence gathering capabilities,

I would include treason in the charge, because I think telling the truth is powerful. While it will make many a congress critter squirm, and while for purely political reasons it may not survive as a charge, there is a rule in politics to always ask for more than you think you can get. By asking that the obvious charge of treason be included in the indictment, it signals that the congress is serious about their intension to fight for the country and the constitution, and I believe the argument for treason is pretty strong whether some legislators have the stomach to pursue it or not. The collective crimes and the pattern of actions suggest treason certainly. It would surely focus the entire country's attention to the proceedings and it would move the discussion to just how seriously criminal the actions of this administration are.
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 11:15 AM
Response to Reply #6
7. Thanks.
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Starfury Donating Member (615 posts) Send PM | Profile | Ignore Sun Jul-22-07 12:36 AM
Response to Original message
4. K&R - Thanks for posting! nt
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Gman Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 12:56 AM
Response to Original message
5. To read tomorrow morning
BTW, K&R
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