- Joined
- Sep 18, 2018
- Messages
- 11,484
- Reaction score
- 5,148
- Location
- PA
- Gender
- Male
- Political Leaning
- Libertarian - Left
Alot of mouthbreathing going on over this, so I wanted to make a thread here dedicated to the constitutional interpretation of the impeachment process.
High Crimes and Misdemeanors - Constitutional Rights Foundation
As 2nd amendment advocates will clearly agree with this interpretation, I suspect Turtledude to change his opinion directly. The constitution's original intent is quite clear as the founders understood it. It's quite clear the founders had used the terminology best known to them to describe abuses of power and other damaging acts for the trust of the public.
I would suggest everyone read this article and specifically the highlighted portion. The founders intent is paramount; if impeached, the SCOTUS would never dare overturn it; as an originalist court would and indeed must interpret the constitution as the founders intended.
Discuss.
High Crimes and Misdemeanors - Constitutional Rights Foundation
The convention adopted “high crimes and misdemeanors” with little discussion. Most of the framers knew the phrase well. Since 1386, the English parliament had used “high crimes and misdemeanors” as one of the grounds to impeach officials of the crown. Officials accused of “high crimes and misdemeanors” were accused of offenses as varied as misappropriating government funds, appointing unfit subordinates, not prosecuting cases, not spending money allocated by Parliament, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, losing a ship by neglecting to moor it, helping “suppress petitions to the King to call a Parliament,” granting warrants without cause, and bribery. Some of these charges were crimes. Others were not. The one common denominator in all these accusations was that the official had somehow abused the power of his office and was unfit to serve.
After the Constitutional Convention, the Constitution had to be ratified by the states. Alexander Hamilton, James Madison, and John Jay wrote a series of essays, known as the Federalist Papers, urging support of the Constitution. In Federalist No. 65, Hamilton explained impeachment. He defined impeachable offenses as “those offences 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.”
As 2nd amendment advocates will clearly agree with this interpretation, I suspect Turtledude to change his opinion directly. The constitution's original intent is quite clear as the founders understood it. It's quite clear the founders had used the terminology best known to them to describe abuses of power and other damaging acts for the trust of the public.
I would suggest everyone read this article and specifically the highlighted portion. The founders intent is paramount; if impeached, the SCOTUS would never dare overturn it; as an originalist court would and indeed must interpret the constitution as the founders intended.
Discuss.