Archive for October, 2019

10/03/2019

IMPEACHMENT OF DONALD TRUMP

The United States Constitution provides the following procedures for impeachment:

“The President…shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” Art. II, Sec. 4.

“The House of Representatives…shall have the sole power of impeachment.” Art. I, Sec 2 (5).

“The Senate shall have the sole power to try all impeachments. Art I, Sec (3) (6).

“When the President of the United States is tried, the Chief Justice shall preside…”Art I, Sec 3 (6).

“…No person shall be convicted without the concurrence of two-thirds of the members present.” Art I, Sec 3 (6).

“Judgement in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the U.S.…” Art I, Sec 3 (7).

The Constitution states the oath Donald Trump took in Jan. 2017:

“Before he enter on the execution of his office, he shall take the following oath or affirmation: Art II, Sec. 1 (8)

“I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” Art II, Sec 1 (8)

(Note: The Founders did not include the words “so help me god” in the Constitution and that language is not part of the oath, though many recent Presidents like Trump have included them)

Among the various Presidential duties set forth in the Constitution is the obligation that: “he shall take care that the laws be faithfully executed.” Art II, Sec 3.

The duty to “take care that the laws be faithfully executed” requires the President to enforce all federal laws and implicitly bars him from violating them. Since the President is not above the law, any act that is illegal for ordinary Americans, is also unlawful if committed by the President. Since it is illegal for ordinary Americans to combine or conspire with foreign governments or officials to interfere in American elections, it is likewise unlawful for the President to do it. The President is not exempt from the very laws he is constitutionally obligated to enforce.