Article II, Section 4, of the U.S. Constitution reads, The President, Vice-President, and all civil officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors. The House of Representatives is assigned the sole power of initiating the impeachment process. This process starts with a member bringing forth charges which are then put before the Judiciary Committee to seek a “Resolution of Impeachment”. If that resolution is forthcoming, then it goes before the Rules Committee for review. If the resolution survives the scrutiny of the Rules Committee and gains approval then it is returned to the Judiciary Committee where the initiation of the formal action will start. The Judiciary Committee, by majority vote, must approve the resolution before it can be presented to the full House with committee recommendations for debate and the final vote. Once fully debated, the House may elect to take a vote on each individual charge in the articles of impeachment or it may vote on the articles as a whole. A simple majority vote of all those members in attendance is needed to sustain the impeachment. Once that majority vote is attained, the House assigns “Manager” members who have the task of presenting the impeachment to the Senate. Essentially these members are functioning on behalf of the House as “prosecuting attorneys” in the process of presenting the Articles to the Senate.
The Senate is empowered by the Constitution to conduct the impeachment trial proceedings regarding the Articles of Impeachment. The proceedings, once initiated in the Senate, follow the format of a trial with both a prosecution and a defense represented before the body with the ability to call forth and question witnesses as needed. The prosecution is represented by the appointed “House Managers” and the defense team is either selected by the accused or appointed by officials of the Senate. Senators take an oath or affirmation to perform their duties honestly, seeking due diligence. The charges are presented; arguments are made by both sides, and witnesses are called forth to testify and be questioned by both sides. Once those steps are complete, the Senate will go into private session to consider the charges and the evidence presented in prosecution and defense. A vote is then taken which requires a two-thirds majority of the full Senate to sustain the conviction of impeachment. The Senate then passes the results to the Secretary of State for further processing.
The framers of the Constitution designed this process to protect the people of America from corrupt and vile officials who were either acting in a criminal fashion while in office or violating their oath of office in terms of protecting and defending the Constitution. For those serving in the high elected-offices of either the House of Representatives or the Senate, their duty, under the Constitution, is clear regardless of their personal political preferences or desires for they too have taken the oath to defend and protect the Constitution.
In my opinion, given the actions and behavior of the current sitting President of the United States, Barack Hussein Obama, I believe that the Congress is particularly in violation of their sworn oath to protect and defend the Constitution just as much as a police officer would be if he elected to do nothing to stop the commission of crime upon the public. This President has offered up an ample basis on which to seek the resolution of impeachment. What is lacking in this case seems to be the courage and determination to carry out the process. One might ask…”why are those items lacking” and the answer most certainly is that “they don’t feel they can win”. That rationale has no legs in that the framers of the Constitution did not give consideration to winning or losing in creating the impeachment process. That was not the concern. The concern was whether or not the American people were going to lose if such a process was not provided for in the Constitution. With that provision available, it is not a matter of figuring the odds for winning or losing but simply a matter of duty to country to step forward and use the process when individual behavior makes the justification.
The process of impeachment on a sitting President has been employed only three times in our nation’s history. The first attempt was made to remove Andrew Johnson from office as he used the veto power of his presidency to defeat Reconstruction legislation after the Civil War. Richard Nixon resigned the office after the Judiciary Committee of the House voted in majority for the Impeachment Resolution based on evidence of cover-up in the Watergate Scandal. Both Johnson and Clinton avoided impeachment when the Senate could not get a two-thirds majority on the charges (67 votes). Nixon’s resignation ended the further pursuit of the process thus not yielding an outcome.
In light of the basis for previous impeachment actions in our history, let us look at the potential basis for which President Obama becomes a candidate for the process: 1. Obama delivered a proclamation of war upon Libya without approval by Congress, the Constitutionally-empowered entity for all acts of war. 2. Obama has appointed “czars” to high level departments without review or approval by Congress creating a “shadow government”. 3. Obama has openly criticized the Constitution as an “outmoded document” which causes him difficulty in carrying out his administrative desires. 4. He has lied to the American people on multiple occasions specifically with regard to public's options related to The Affordable Healthcare Act. 5. Obama has violated Section I of the Constitution as it applies to the nation’s debt and the 14th Amendment to the Constitution when he threatened to voluntarily default on the payment of America’s debt service unless he got what he wanted from the Congress. 5. Obama declared the legislation designed under the framework of the “Dream Act” as law through executive order. 6. Obama has provided taxpayer funds and military arms to organizations known to support terrorism and the overthrow of governments such as the Muslim Brotherhood. 7. Obama has openly defied commitments to our allies such as Great Britain and Israel. 8. Obama has employed the powers of the IRS for political leverage against conservative organizations such as the Tea Party and its affiliates. 9. Obama failed to make any effort to “protect and defend” American citizens in the Benghazi attacks resulting in four deaths including a U.S. Ambassador. 10. And failed to publicly provide information to them on sensitive military issues such as withdrawal dates and commitments to military shutdowns. This is by no means, all of the potential charges which could be made against Obama, but it certainly shows there is an ample selection.
What is missing from this process is not the basis to justify the impeachment of Obama but the courage and fortitude to carry out the process, as I stated previously. There are two conditions in the present Congress which all but guarantees that Obama can avoid impeachment regardless of his actions. Those conditions are: 1. the political mindset that we must have a “win” or we lose on the part of the Republicans. In effect, they are shirking their sworn duty in lieu of perceived political survival by employing such rationale with the American people. While this is an outright act of stupidity on their part, the other condition is far more sinister and that is: 2. the Democrat majority in the Senate is far too aligned with Harry Reid’s desires and dedication to this President to ever carry out the trial process required by the Impeachment Resolution in a manner which respects honesty and the pursuit of due diligence. In effect, this bunch is in cahoots with this President on subverting the Constitution and fundamentally transforming the governance of this nation for all time. In effect we have a tyrant in the White House and a group of tyrannical supporters in the Senate. In effect, this condition alone cripples the function of the government with regard to obedience to the Constitution thus relieving Obama of any concerns regarding impeachment.
Our nation is at a time in its history in which its very future is questionable all brought about by the actions of a President and a left-wing radical mindset which blockades the Congress. The “will of the people” is not a consideration or a concern thus the destruction of the Constitution and the Bills of Rights is easily carried out with little resistance right in full view of the American public. Once those rights and freedoms are neutralized, the future of the American public is totally directed down a road of Marxist Socialism and that journey will not cease until our nation is but another which has fallen to the insidious inner-destruction of the Communist philosophy. Our Constitutional framers gave this nation a tool to fight this process and, as a public, we must demand that our legislators employ it…win or lose if we are to remain a nation which respects, honors, and defends the Constitution of the United States of America.
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