MAY 10, 2006
It's time to bring out the 100-ton gun
Presidents, senators, judges all impeached for lesser crimes than George W. Bush.BY DANIEL H. POLLITT
James Bryce, in his landmark commentary The American Commonwealth, wrote that impeachment "is like a one-hundred ton gun which needs complex machinery to bring it into position, an enormous charge of powder to fire it; and a large mark to aim at."
Like a 100-ton gun, impeachment is seldom used but remains a bedrock of our democracy; necessary, as was said at the Constitutional Convention, "to guard against perfidity of the Chief Magistrate" (James Madison of Virginia), or when "great crimes were committed" (William Davis of North Carolina). James Iredell elaborated during the North Carolina ratification debates that impeachment was intended to guard against "tyranny and oppression as when the President gives false information to the Senate to induce them into measures injurious to their country."
Impeachment has roots deep in our history. The colonies had suffered the wrath of imperial royal governors. This experience burned into their consciousness the political axiom that unchecked executive power leads to tyranny. With independence in 1776, they wrote impeachment clauses into their constitutions to prevent grave abuse by official authority. North Carolina, for example, authorized the removal of high officials "for offending against the state by violating any part of this constitution"; Virginia, for "offending against the state by which the safety of the state may be endangered."
This theme continued when our founding fathers met in Philadelphia in 1787. Early on during the convention, Roger Sherman of Connecticut suggested that the national legislature have the authority to remove the president "at its pleasure," the practice in seven states. George Mason of Virginia was "shocked at the proposal to make the Executive the mere creature of the Legislature." John Dickinson of Delaware proposed that the executive be removable "on the request of a majority of the legislatures of the individual states." Alexander Hamilton of New York objected to this "rudderless method of ousting a President" and counter-suggested he be removed for "corrupt conduct" and trial by a court composed "of the Chief Judge of each State."
William Blount (1797-99)...
William W. Belknap (1876)...
Judges John Pickering (1803-04)...
and Samuel Chase (1804-05)...
James H. Peck (1830-31)...
West H. Humphreys (1862)...
Charles Swayne (1903-05)...
Robert W. Archbald (1912-13)...
George W. English (1926)...
Harold Louderback (1933)...
Halsted L. Ritter (1936)...
Harry E. Claiborne (1986)...
Alcee L. Hastings (1988)...
Walter L. Nixon Jr. (1988)...
Andrew Johnson (1868)...
Richard M. Nixon (1974)...
Bill Clinton (1998-99)...
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This takes us to George W. Bush.
Snip...
These may or may not be "high Crimes and Misdemeanors," but they provide the "enormous charge of power" required to bring the 100-ton impeachment gun into position.
But "high Crimes and Misdemeanors" abound:
We have a law against wire-tapping--George W. Bush broke it.
We have laws against kidnapping--George W. Bush broke them.
We have laws against torture--George W. Bush broke them.
In fact, Bush has claimed in "signing statements" that he can ignore provisions of more than 750 laws he has signed.
It is time to take Lord Chancellor Somers' "Goliath sword" from the Temple.
But is this not just academic blather? A majority of the House must vote to impeach; two-thirds of the Senate to convict. And if Bush is somehow removed from office, the 25th Amendment provides that the "Vice President shall become President"; Vice President Dick Cheney would then nominate a vice president (Condoleeza Rice?) who would take office "upon confirmation by a majority vote of both Houses of Congress."
Prospects are bleak. But are we not obligated to speak out? The greatest danger to democracy lies in an inert populace. One person throwing pebbles can make ripples. But if a second and third person join in, the pond is full of waves, maybe breakers. That is the theory and hope of democracy.
Rosa Parks had no idea what would follow when she refused to move to the back of the bus. Good things can happen--it's worth a try.
http://www.indyweek.com/gyrobase/Content?oid=oid:31468