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Gothmog

(145,496 posts)
Thu Feb 1, 2018, 05:56 PM Feb 2018

The Founding Fathers designed impeachment for someone exactly like Donald Trump

Last edited Thu Feb 1, 2018, 06:37 PM - Edit history (1)

I attended a CLE event where the author of this article spoke https://www.washingtonpost.com/news/made-by-history/wp/2017/10/15/the-founding-fathers-designed-impeachment-for-someone-exactly-like-donald-trump/?utm_term=.cbe589333ea9

Their writings and debates surrounding the creation of the Constitution make clear that the framers feared a certain kind of character coming to power and usurping the republican ideal of their new nation. Having just defeated a tyrant — “Mad” King George III of England — they carefully crafted rules to remove such a character: impeachment. In the process, they revealed precisely the kind of corrupt, venal, inattentive and impulsive character they were worried about.

The very embodiment of what the Founding Fathers feared is now residing at 1600 Pennsylvania Ave.

Again and again, they anticipated attributes and behaviors that President Trump exhibits on an all-too-regular basis. By describing “High Crimes and Misdemeanors,” the grounds for impeachment, as any act that poses a significant threat to society — either through incompetence or other misdeeds — the framers made it clear that an official does not have to commit a crime to be subject to impeachment. Instead, they made impeachment a political process, understanding that the true threat to the republic was not criminality but unfitness, that a president who violated the country’s norms and values was as much a threat as one who broke its laws.

Gouverneur Morris, who wrote the Constitution’s preamble, and future president James Madison were worried about a leader who would “pervert his administration into a scheme of peculation” — theft of public funds — “or oppression. He might betray his trust to foreign powers,” as Madison put it. Morris, who like many in the colonies believed King Charles had taken bribes from Louis XIV to support France’s war against the Dutch, declared that without impeachment we “expose ourselves to the danger of seeing the first Magistrate [the President] in foreign pay without being able to guard against it by displacing him.”

I also purchased a copy of her book on impeachment https://www.mhpbooks.com/books/a-citizens-guide-to-impeachment/ This is the key quote from the book

Impeachment is based upon “those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust … as they relate chiefly to injuries done immediately to the society itself.” —Alexander Hamilton


I got an hour of CLE for listening to a great litigator talk about the legal issues on impeachment. This was a fun day
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The Founding Fathers designed impeachment for someone exactly like Donald Trump (Original Post) Gothmog Feb 2018 OP
Problem is, the founding fathers didn't anticipate gerrymandering and voter suppression bearsfootball516 Feb 2018 #1
Or that most of the members of that party would be complicit in the Executive's crimes. tanyev Feb 2018 #2
Nor did the Founding Fathers anticipate the corruption of Congressional leadership meow2u3 Feb 2018 #3
I wish we could give that lecture to congress... Nt The Polack MSgt Feb 2018 #4
It worked on Nixon. yallerdawg Feb 2018 #5
They designed the Electoral College for the same type of person, too. Efilroft Sul Feb 2018 #6
This is very interesting. Thanks for sharing! Dem_4_Life Feb 2018 #7
From Prof. Tribe Gothmog Feb 2018 #8
From my twitter feed Gothmog Feb 2018 #9

bearsfootball516

(6,377 posts)
1. Problem is, the founding fathers didn't anticipate gerrymandering and voter suppression
Thu Feb 1, 2018, 05:58 PM
Feb 2018

That allows one party in to control all three branches of power despite their constituents being a clear minority.

meow2u3

(24,771 posts)
3. Nor did the Founding Fathers anticipate the corruption of Congressional leadership
Thu Feb 1, 2018, 07:22 PM
Feb 2018

by the President of the United States via laundered foreign money.

yallerdawg

(16,104 posts)
5. It worked on Nixon.
Fri Feb 2, 2018, 09:41 AM
Feb 2018

Just the threat, confirmed by his own Party members in Congress, made it clear he would be removed.

Recognizing it remains a political process, it worked on Clinton, where his Party stood fast and the American people spoke out, saying Clinton's behavior did not rise to the level of "High Crimes and Misdemeanors."

If we take back the House and/or the Senate in November, all we'll need is a handful of R's to go to the White House and tell him it's over.

Another election with serious consequences.

Efilroft Sul

(3,581 posts)
6. They designed the Electoral College for the same type of person, too.
Fri Feb 2, 2018, 09:50 AM
Feb 2018

It didn't work so well, and there won't be any impeachment with a Republican majority and the "take it off the table" types running our party, either.

Dem_4_Life

(1,765 posts)
7. This is very interesting. Thanks for sharing!
Fri Feb 2, 2018, 10:56 AM
Feb 2018

That sounds like a great way to spend an hour getting CLE credit.

What type of law do you practice? When my mom was active with the Texas Bar she used to take some CLE online and I would sit through some and they were very interesting.

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