BCJ Home  

Articles & commentary

News reporting

Petition our government

  @  6/10/04
   


Impeachment Forum

   
   


Impeachment, removal from office, and congressional oversight

   

 
 

Main Sections:


Articles & commentary

News reporting

Petition our government

 

 

Abstract

Can congress "fire" defense secretary Rumsfeld, or other federal civil officers?  Here's the guts of this constitutional theory and its implications (in about 400 words, a print friendly version is also available):


The claims

The president and cabinet secretaries can be "fired by congress" -- impeached and removed from office with no issue of criminal law -- whenever the national interest demands it.

When executive branch civil officers are impeached for criminal grounds, both the senate and the judiciary have independent powers to try the case -- a conviction in either venue requires removal from office under article II.

The constitution provides additional legal means for removal from office.

Consequences

The constitutional intent is for both a higher standard of conduct for presidents and cabinet secretaries, and for more accountability to congress and the American people than we have realized.

Congress has much stronger oversight powers, and a greater oversight duty than we have realized.

Present Application

Congress can "fire" secretary of defense Donald Rumsfeld, and/or others, for failing to prevent the torture and abuse of Iraqi prisoners.  The American people can hold individual members of congress responsible for their vote to do this -- or not do this -- both before the coming election, and after the election.

Implication 

Over time, this theory has the potential to provide a broad basis of agreement about what we can and should expect from our government and from our leaders.  Had this theory been known  and accepted earlier

a) it could have potentially prevented both what led to the Clinton impeachment and Abu Ghraib, because

b) it provides both stronger and more effective corrective measures for both cases. Specifically:

Clinton's case could have been sent to a judicial court (probably to the supreme court directly), without disrupting the senate.

Civilian leaders can be held responsible for preventing anything like Abu Ghraib both now and in the future. 

The interpretation

This theory is based essentially on a "strict constructionist" or "original meaning" approach to the constitution.  It is firmly rooted in the exact words, and the structure of arrangement of the words, in the constitution itself. 

A final comment

Fundamentally, this theory is rooted in an awareness of the dangers of government power in the hands of fallible and corruptible people, and the need to have as many safeguards as possible to prevent the misuse or abuse of that power.  The implications of this theory go much further.  We must realize that because this theory is so different from the current theory of impeachment, that in the immediate future it would certainly be wrong to apply it further than to removal from office.

 

 

 

 

 

Forum News


 
6/10/04 -- Three articles and an abstract are now available, presenting this constitutional theory with different levels of detail and focus.

Commentary Format:

Short Version (950)

Law Professor's Brief (1,300)

Long Version (7,600)

Printer Friendly Format:

Abstract (400)

Short Version (950)

Law Professor's Brief (1,300)

Long Version (7,600)


6/7/04, In honor of the passing of president Ronald Reagan, the petition section of this site will not be implemented until next week.
 
 

 

 
 

What's this all about?

This Impeachment Forum is focused on a constitutional theory on impeachment, removal from office, and congressional oversight.   The forum has three purposes, and three main sections:

Section 1. Books, articles, commentary -- This is the "academic track" -- a forum designed to promote debate and discussion of this constitutional theory among

law professors

professors in other academic fields

students

lawyers

other interested people

Section 2. News reporting  -- To promote reporting and discussion of this theory in the news media, and to report what news reporting organizations are doing to tell their readers about both the existence of this theory, and the ongoing discussion and debate of it.  

Section 3. Petition our government -- Our constitution was designed to be practical, and this forum is designed to be practical.  The focus here is to organize and coordinate the activity of all interested people in petitioning congress to do two things:

First, to study the claims of this constitutional theory, and establish an appropriate organizational structure to exercise the powers of congress as described by this theory. 

Second, to begin impeachment proceedings to "fire" defense secretary Donald Rumsfeld and/or other civil officers responsible for establishing an environment that led to the torture and abuse of Iraqi prisoners.

 
 
 

 


 

 

Copyright © Robert S. Carney Jr., Minneapolis, MN, 2004, All rights reserved.