Showing posts with label Gary L. McDowell. Show all posts
Showing posts with label Gary L. McDowell. Show all posts

Thursday, December 5, 2019

Betsy's right: High crimes and misdemeanors means offenses committed while in high office

It's not the severity of the crime which makes it high, but it damn well better be a crime. Democrats haven't been able to come up with one despite turning themselves and the country into pretzels.

And Trump's tax returns from the past and his dalliances from the past and why he named his son "Barron" are all completely irrelevant, as is everything else he's done while not in office. Those things matter only at election time.

Here's Betsy:

At the 1787 Constitutional Convention, the framers considered grounds for impeachment. On Sept. 8, George Mason suggested that bribery and treason were too narrow, and proposed adding "maladministration." But James Madison objected, explaining that "so vague a term will be equivalent to" saying the president serves at the pleasure of the Congress. The framers did not want to duplicate the British system, which made the executive dependent on Parliament. Mason's idea was dropped, and the framers instead agreed to the more specific term, "high crimes and misdemeanors," where "high" meant offenses committed while in high office, such as embezzling public funds.

Wednesday, August 8, 2018

The meaning of "high" in "high crimes and misdemeanors" refers not to the nature of the offenses, but to their sphere

Gary L. McDowell, "High Crimes and Misdemeanors": Recovering the Intentions of the Founders (1999) here:

[I]t was essential to their way of thinking to make clear that impeachment was a political process dealing with political wrongdoing and not a part of the criminal justice process. Thus, they made clear that punishment for impeachment could not "extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States." But they emphasized that impeachment was not a bar to prosecuting criminal acts that the person impeached may have committed by noting that "the Party convicted [of impeachment] shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law." Thus, although an indictable crime may be deemed an impeachable offense, impeachable offenses are not simply limited to indictable crimes. ...

In all of the English cases the political nature of the offenses charged in impeachments was revealed by the use of the word "high" to modify both "crimes" and "misdemeanors." The use of "high" in "high crimes and misdemeanors" did not refer to the substantive nature of the offense, that it was a particularly serious offense, but that it was a "crime or misdemeanor" carried out against the commonwealth itself. This use of "high" to distinguish crimes and misdemeanors against the society as a whole derived from its use in distinguishing "high" treason from "petit" treason. Alexander Hamilton summarized this understanding of "high Crimes and Misdemeanors" as adopted by the Federal Convention in his explanation of the impeachment process created by the Constitution. The objects of impeachment, he noted, "are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself."