Sunday, May 5, 2019

Understand . . .



(from https://www.nbcnews.com/think/opinion/trump-tweet-about-impeachment-confuses-political-conclusions-legal-ones-ncna997641)
". . . The term “other high crimes and misdemeanors” was understood by the Constitution’s drafters to not refer only to criminal activity. In pre-revolutionary England, the term was used to refer to various forms of official misconduct, including maladministration, that did not (and could not) carry criminal consequences. The Constitution’s drafting history similarly reflects the Founders’ view that the remedy was not limited to those crimes Congress had elsewhere proscribed. . . As Alexander Hamilton wrote in Federalist No. 65, impeachable offenses arose from “the misconduct of public men, or in other words from the abuse or violation of some public trust.”. . . As Alexander Hamilton wrote in Federalist No. 65, impeachable offenses arose from “the misconduct of public men, or in other words from the abuse or violation of some public trust.” And James Madison himself, during a crucial debate in the middle of the First Congress, invoked as an example of an impeachable offense a president who wantonly dismissed government officers for no good reason. As the Congressional Research Service (CRS) found in a 2015 report, “[m]any of the impeachments approved by the House of Representatives have included conduct that did not involve criminal activity. Less than a third have specifically invoked a criminal statute or used the term ‘crime.’”. . . "




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