Amid the partisan
controversy in Congress, some Republican members of the U.S. House of
Representatives say they will try to impeach President Obama.
Do they believe that
Obama is guilty of what the Constitution calls “high crimes and misdemeanors?” Do they believe they can be successful?
The answers to both
questions is “no.”
They want to use the
impeachment process for purely political purposes, mostly as a way of tying up
the House so it cannot do any other business, like paying for Obamacare.
And they seem to believe
they could avoid any blame for bringing the unfunded federal government to a
halt, because the Congress would be engaged in the serious business of trying
to toss the president out of office.
Surely, the Founding
Fathers did not mean that impeachment – the bringing of charges by the House –
or conviction by the U.S. Senate should be used as a political tactic.
It was intended to allow
a president who was a criminal or who violated the express terms of the
Constitution to be removed. But it has
never been used for the intended purposes.
Obama could find himself
in line after the two presidents who were impeached, because a majority in the
House thought they were usurpers and barely had the right to hold the office.
Andrew Johnson, who
moved up from the vice presidency after Lincoln’s assassination, was the first
president to be impeached. He was a
Democrat, chosen by the Republican Lincoln to create a national unity ticket.
His problem was that
Congress was dominated by Republicans who disliked his willingness to go easy
on the South after the Civil War and to deny help for the newly freed
slaves. They saw him as having distorted
Lincoln’s legacy.
So the Republicans
cooked up a law that probably was unconstitutional and then impeached him for
disobeying it. At the end of the Senate
trial, he was not convicted because seven Republicans, including Maine’s
William Pitt Fessenden, refused to go along with the ploy.
Bill Clinton was
impeached by a Republican-controlled House for his problems in telling the
truth about his sexual encounters. Once
again, the Senate did not convict, this time with a few Republicans, including
Maine’s Olympia Snowe and Susan Collins, refusing to going along with the
misuse of the impeachment power.
Though elected twice,
Clinton, like Johnson, was seen by the GOP as a president who should not have
held the office. The presidencies of
Ronald Reagan and George H.W. Bush had set the government on a clear
conservative course, which Clinton had diverted by his elections.
Congress tried to take
control of the government, just as it has with Johnson, by dumping a president
in whom it had no confidence.
Fortunately, there were enough people in Congress who thought the
Constitution was more important than partisan games.
But Clinton showed the
ploy was not entirely a wasted effort.
He sought common ground with the Republicans on some issues, partly
because he was less liberal than many had thought and partly to appease
them. That’s pretty clearly the reason
he went along with changing the name of the capital’s airport to honor Reagan
instead of Washington.
Obama, too, is seen by
conservative Republicans as almost an accidental president. After the Democratic Party’s losses to the
tea party in 2010, Obama should not have been re-elected two years later. But he was.
Perhaps those GOP House
members now seeking impeachment believe they can get Obama to yield on
continuing with Obamacare and appease them to avoid nasty impeachment
proceedings.
The two historic
impeachment proceedings and the current talk of one against Obama have
something in common. A disciplined
majority in at least one house of Congress seeks to express its lack of
confidence in the president.
In other words, the
opposition would use impeachment in the same way the opposition in a
parliamentary democracy uses a so-called “no confidence vote.” It can embarrass the prime minister and, if
successful, can cause a new election.
Of course, the United
States does not have a parliamentary system.
But that may not stop some members of Congress from using impeachment to
paralyze the president for the remainder of his term, as it did for Johnson, or
to adopt some of their proposals, as it did with Clinton.
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