Ezra Klein debunks Republican's argument that impeachment requires criminal activity.
This article is from October, but it's timely tonight as the Trump defense argues that impeachment and removal of office requires both criminal activity and abuse of power.
Which is a clue that modern definitions are not sufficient. We have to go back to what the words meant when they were added to the Constitution, and how theyve been interpreted throughout US history. In that light, the conclusion is inescapable. Abuse of power may not be a crime. But it is, indisputably, a high crime and misdemeanor.
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But the bigger lesson is that misdemeanors did not mean then what it means now. In 1828, Websters defined it as ill behavior; evil conduct; fault; mismanagement. It wasnt a light crime, but an abusive act.
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In Federalist 65, Alexander Hamilton argues that impeachment concerns abuses primarily political in nature. Its easy to read that as a tautology: Of course a politicians offenses will be political in nature. A clearer way to put his point is that impeachable offenses are those that endanger the political system itself.
The point of impeachment isnt to punish the president but to protect the political system. Offenses that endanger the system that undermine elections, that corrupt the functions of government, that break constitutional boundaries cannot be left to elections because they warp elections.
More, which make the case more clearly than any four paragraphs could:
https://www.vox.com/policy-and-politics/2019/10/24/20926891/high-crimes-and-misdemeanors-trump-impeachment-whitaker