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Show Page 14- - ' The Utah Independent March 7, 1974 WHAT ARE GROUNDS FOR IMPEACHMENT ? ' flv 4a7 - in court of law. ...What, then, . is an impeachable offense? The only Brownfeld ?o in Call, the Writing newspaper of Capitol Hill There is a great deal of room for legitimate disagreement about what should properly constitute grounds for the impeachment of a President. Those who warn of a lynch mob" atmosphere in which a President of one party is deposed from office by a ' Congressional majority of another party, thereby reversing the mandate of the voters, are expressing a valid concern. Hypocrisy, however, plays a large part in' determining what position an individual legislator will take, in determining the grounds for impeachment. Just as with the question of executive versus Congressional authority, we have observed a tendency for the party in control of the executive branch to advocate a broad role, and the party in control of the legislature to advocate a narrow role for the President. In the case of impeachment, therefore, there is a natural tendency for that party which controls the executive branch to speak of narrow grounds and those who are out of power to speak of The reverse broad grounds. occurred very recently, when the debate centered on the potential impeachment of Supreme Court Justice William O. Douglas. In that case. Vice President Ford was an advocate of the broad He declared that, approach. Impeachment relates solely to the accused's right to hold civil office; not to the many other rights which are his as a citizen and which him protect C. honest that i of the House of Representatives considers it to be at a given moment in history. Something less than a criminal act or criminal dereliction of duty may ... be sufficient grounds for impeachment." Still, this is politics. We expect to find Republicans and Democrats taking positions which have little merit in themselves but advance their own interests in some specific manner. It is unfortunate that our politics exists on this low level, but as long as the American people tolerate it, it will continue. What the nation must do at this time is rise above the double standards of both parties, place aside the question of whether one likes or dislikes Mr. Nixon, whether believes 'his one Administration to have done a good or bad job of governing, and consider with the greatest possible degree of objectivity what the for grounds impeaching a President are meant .by the Constitution to be. Those who argue that an indictable crime must be present for impeachment are expressing a view which does not seem to be consistent with the opinions expressed by the men who framed . the Constitution's provision concerning impeachment. James Madison, for example, argued that impeachment should not be limited to the crimes of treason and bribery, as others . have suggested. Similarly, he did not want to include as aground for lOOHMIOOMOIOMWOOOBMOBX SHAKLEE Lome Cosmetics Basic-- H an impeachable offense is whatever a majority Instant Protein biodegradable household cleaners small wonder baby care items fresh, natural cosmetics 1 00 organic vitamins Let me introduce you to the World of SHAKLEE. ANN WOOTEN (801)531-145- 7 "Cooperate with nature.... We'll call on you." BE impeachment so vague a term as a answer PROMPT Huhrrl YOUR DOLLARS ARE SHRINKING EVERY DAY maladministration. The that, . . 1 (801)487-465- 9 AMERICAN "r PRECIOUS METALS OGold NAME ADDRESS CITY. STATE. 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By exercising that power, said Madison, the President will subject himself to impeachment if he suffers them to perpetrate with impunity high crimes and misdemeanors against the United States, or neglects to superintend their conduct, so as to check their excesses." Cornell University Law Dean Roger C. Cramton maintains that President ' Nixon can be impeached for neglect of duty. This is one of the oldest historical grounds for impeachment in English history." people governs itsef Few authorities believe that the broad view enunciated by Gerald Ford has any legal merit. Similarly, few give any credence to the statement of former Attorney General Kleindienst that, You dont need facts. You dont need evidence. All you need is votes. These are political statements which Republicans have used against Democrats, and which some Democrats like to use against . nothing more. Republicans YeL while few believe that the broad view has legal merit, few support the legal validity of the narrow view now being enunciated defenders. by the Presidents ep Join .thousands who ' have already found out by reading this book. . , Some, however, are seriously concerned over consistency. Professor Benno C. Schmidt, Jr., of the Columbia Law School, notes that the President has been Good Housekeeping charged with some misconduct in office which is. unique, but other .New York, New York him Attention: Wade Nichols, Editor accusations against Dear Sir: ordering wiretaps, as well as In reference to an article in your auditing the tax returns of political . March 1974 issue entitled A Gun opponents, impounding funds in your Home" by Stephen have been true of other Presidents Obcrbeck. 1 feel that I must write as well. Impeachment should be this letter. This article is the worst limited to serious crimes as defined ' material on guns that I have ever in the general criminal law and read. beyond that, to only very serious I f M r. Oberbeck is so concerned abuses of public offices," says with people's lives, perhaps he and Schmidt. Impeachment should look at statistics on removal cant be haphazard. They uccidcntal and suicidal deaths should not impeach one President caused by automobiles, alcohol, unless they are willing toake the and drugs. The state of mind of an position that any President individual is the cause of suicide . engaged in the same conduct not a gun, an overdose of drugs, should be impeached." carbon monoxide poisoning, etc. The Found ing Fathers avoided a Mr. Oberbeck concludes that I narrow definition of impeachment. should hand my gun over to the They believed that men were authorities. Never! imperfect and that many elected There is also another reason why officials would violate their trust we should keep our firearms. One and have to be removed from method of communistic take-ovoffice. They did not believe that the in this country would be impeachment procedure would be confiscation of all guns. as unique as it has become. Last but not least is the Certainly, the charges must be enjoyment my colleagues and I substantial and not frivolous. receive when we go hunting for Politics, which seems to be so wild game. entangled in the current debate, Thanks to the National Rifle must be removed to as great a Association for educating people degree as possible. to respect weapons and standing by While a President should not be the second amendment to the removed lightly, the Founding Constitution The right of the Fathers certainly believed that people to keep and bear arms." abuse of power should not be I am surprised that Good suffered lightly either. It is between Housekeeping would print such an these two poles that the Congress article. This popular magazine must decide with regard to the should select better material conduct of President Nixon. If the public. politics does not intrude, the Sincerely, forthcoming debate can have a Roland N. Pepion cleansing effect upon the nation, Montpelier, Vermont and can show the world how a free - subjects of FOODS FOR STORAGE A GUN IN YOUR HOME Such vagueness, he argued, would mean tenure during pleasure of the State." The Constitutional Convention accepted a proposal by George Mason that impeachment be extended to other high crimes and "misdemeanors against the state." Mason stated that he had borrowed the terms high crimes and misdemeanors" from English law and that he was dealing not with ordinary crimes, but with offenses against the state. ' This, view was endorsed by Alexander Hamilton, writing in The Federalist, No. 65, who noted There are many ways to prepare yourself for the economic chaos that lie ahead. Mr. Prestons program can prepare you to survive comfortably and even profit-abl10-st- L The Paper That Dares To Take A Stand DEALERS WELCOME 2343 East 3300 South Salt Lake City Utah 841 09 .(801)466-353- 5 |