Presidential impeachment in the US
In this context, there are some issues that would have to be explored corresponding to questions, such as:
- Do high crimes and misdemeanors require actual violations of the law?
- Can “impulsive, ignorant incompetence” serve as valid grounds for impeachment — or is the 25th Amendment, which allows the replacement of a president “unable to discharge the powers and duties of his office,” the proper remedy for that sort of presidential incapacity?
- Is it ever constitutionally legitimate to impeach a president:
* for negligence and mismanagement?
* for firing qualified officers or appointing bad ones?
* for failure to adequately staff the executive branch?
* for “private” transgressions, unrelated to the exercise of his office?
* for misconduct that occurred before taking office?
* for misuse of authorities — like the pardon power — the Constitution clearly leaves to the president’s discretion?* for conduct unbecoming the office?
According to common sense, the answer to most of such questions is “no.” However, in most of such cases, common sense is wrong. The category of impeachable offenses is much broader than is popularly understood.
Impeachment wasn’t meant to be done lightly, but neither were Americans meant to avoid it when it becomes necessary.
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