Opus 2021-268: Cornerstone Considerations: CUSA, Impeachment Limits and Potential

I keep hearing Republicans shooting off their mouths calling for impeachment of Joe Biden.  Since we are approaching Constitution Day it might be a good time to review impeachment.  First let’s review what the Constitution says.  

Article I deals with the powers and responsibilities of the Senate and House of Representatives.  In there you find Section II which states,

“The House of Representatives shall choose the Speaker and other officers; and shall have the sole power of impeachment.”

Impeachment starts in the House.  Senators and state officials can talk all they want but unless you can get the House to start the ball rolling, you are wasting your breath.  Since the Democrats are in charge of that body we could stop right here, but we will keep going.

Section III moves to the other legislative body.

“The Senate shall have the sole power to try all impeachments.  When sitting for that purpose, they shall be on oath or affirmation.  When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two-thirds of the members present.”

If you know anything about the make-up of the Senate you know that this is strike two and three for impeaching Joe Biden.

Article II is concerned with the Executive.  Section 4 says,

“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.”

Although this sounds like it is limiting removal to a few causes, in reality this opens the door quite wide.  You can impeach for “other high crimes and misdemeanors.”  We tend to think of misdemeanors as minor crimes.  In reality most presidents have probably done something they could be impeached for if there was the political will.  I think it goes without say that the Republicans don’t have that will.  I will say it anyway, the Republicans don’t have that kind of will.

There is another aspect here that is overlooked.  “All civil officers of the United States” can be impeached.  Here is where the lack of will really shows up.  This phrase only excludes the military.  Any other employee of the Federal Government can be removed by impeachment.  We could transform the country, assuming the Democrats lose the House and Senate in 2022, by going after judges who betray their oath to the Constitution.  We could also go after all the employees of the alphabet agencies who think they have the right to dismantle the country and make us a socialist state.

That would be a great way to celebrate Constitution Day in 2023.  If we can’t terminate because of Civil Service protection we can put them in jail for treason.

homo unius libri