A Trump Impeachment Imperils the Constitution
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A Trump Impeachment Imperils the Constitution

October 24, 2019


the premise behind these essays is that
we still have much to learn from the framers of our Constitution and our time
this is controversial given that the framers were all-male many of them were
slaveholders and the document they drafted is now more than two centuries
old there are those primarily Democrats who appear ready to jettison major
features of the Constitution such as the electoral college which provides for
indirect election of the president and occasionally results as it did with
Donald Trump in a president who gains the office but did not win a numerical
majority of votes cast for some such as mrs. Clinton this is enough to render
mr. Trump illegitimate and surely that feeling lies behind the unceasing
attempts to tarnish the Trump presidency from the Russia collusion hoax right on
to the current secret impeachment proceedings some have begun to
understand that the impeachment effort is itself an attempt to subvert our
constitutional scheme representative Andy Biggs far Arizona recently
published an op-ed in the Washington Examiner arguing that by proceeding in
secret mrs. Pelosi and her designated
impeachment hatchet man Adam Schiff are violating our constitutional norms of
due process these violations include the fact that the president has been
deprived of the right to confront witnesses the failure to follow the
Nixon and Clinton precedence of initiating impeachment proceedings by a
vote of the entire membership of the house and the failure to Accord
Republicans the right to summon witnesses to the closed-door hearings
the framers understood that impeachment would be politically divisive and by
limiting impeachable offenses to treason bribery or other high crimes and
misdemeanors they sought to ensure that impeachment would not be simply a tool
of a partisan majority and that it would not be used to frustrate the will of the
people representative Biggs quite properly
believes that what is now occurring is just what the framers feared it is not
easy to understand how a president who won the votes of an overwhelming
geographical majority of the country who has spearheaded a renaissance of
employment and of the economy who has appointed judges committed to the
faithful interpretation of the Constitution who has strengthened our
military and who has sought to ensure trade arrangements more favorable to
American farmers and manufacturers represents a danger to the Republic
surely this is something American voters in 2020 and not a cabal
of House Democrats ought to decide mrs. Pelosi defends her impeachment
undertaking by noting that the Constitution is silent on the proper
procedures to be followed by the house unless she claims complete discretion on
how to proceed she has the silent consent of her House Majority who for
their own political reasons may wish not to go on record until further evidence
is developed in the meantime the American public are kept in the dark as
the party which usually trumpets transparency now shuns it who has the
better constitutional argument mrs. Pelosi or representative Biggs the
framers clearly indicated in the preamble to the Constitution that the
reasons they were putting forth that 1787 document were in order to form a
more perfect union establish justice ensure domestic tranquility provide for
the common defense promote the general welfare and secure the blessings of
liberty to ourselves and our posterity mrs. Pelosi and mr. Schiff seemed
committed to a course of action that as congressman Biggs is urged will have a
divisive effect on the American people and will profoundly diminish the chances
of our forming a more perfect union or of maintaining domestic tranquility if
due process is a matter of simple justice the current deprivation in the
impeachment proceedings of the basic rights accorded even to any criminal
defendant would seem to be wrong the Star Chamber proceedings currently being
conducted by the Democrats and their selective leaking rather than open
hearings hardly seem consistent with historic American notions of liberty or
the promotion of the general welfare when the Republicans moved an
impeachment against President Clinton 20 years ago Democrats claimed a horrific
precedent was being set and that Republicans were weakening the executive
branch and thus fundamentally endangering the constitutional principle
of separation of powers Bill Clinton had however obstructed justice and committed
perjury still his Democrats were right then they are certainly wrong now it is
not clear that the house will ever actually vote to impeach Donald Trump
and it still seems inconceivable that a republican-controlled Senate will vote
by a two-thirds majority to remove a successful Republican president perhaps
mrs. Pelosi and mr. Schiff are simply conducting political theater to fire up
their partisans if so they are irresponsibly and contemptibly
endangering the American people in their constitution

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