Diary

Impeachment is a constitutional option

No, I don’t mean we should impeach President Obama.  Impeaching President Obama is a dead end and is politically stupid, especially considering our current national climate in regards to race relations.  When I was younger I thought impeachment was a legal act, but as has been pointed out on Redstate multiple times, impeachment is an inherently political act.  Right now we do not have the political capital to survive impeaching the President of the United States.

We could impeach the Chief Justice of the Supreme Court of the United States, and all of those who signed onto the most recent power grab by that court by directly admitting that they were not following the text of the law but what they thought congress intended to achieve with Obama Care.  The Constitution of the United States says, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”  A position on the Supreme Court is not a “lifetime appointment” with no qualifications, but rather a “good behavior” appointment.

Admittedly, the Constitution does not explain what is meant by “good behavior”.  As is noted in the Heritage Guide to the Constitution the Good Behavior Clause was intended to create an independent judiciary, however at the same time there has been broad agreement within the House and Senate that the Good Behavior Clause does create a lower standard than would be necessary to remove the President.  Further, if we understand the impeachment of a President to be done when he has committed high crimes or misdemeanors, we might conclude the same with members of the Supreme Court.  In this case, if it is understood that the majority improperly took upon themselves the role of the legislative branch, and this this is a clear violation of their oath of office, then there are grounds to state that there has been an illegal act, based on the grounds of the Constitution as the supreme law of the land.

Admittedly, I’m not a lawyer, I could be wrong in how I’m reading the Constitution here.  However, it appears that it is time that the House and Senate begin to use the sword of impeachment to re-establish the Constitutional limits upon the executive and judicial branches.  If the Supreme Court is allowed to simply re-write legislation as they see fit in order to save the legislation, then the fact is we no longer need the House or the Senate.  We can simply appeal every law, every decision, up to Nine Black Robed Gods who can tell us what the law should say.

If this decision is allowed to stand with no recourse from those elected to actually write the laws of this country, then it means the death of the Rule of Law in America.  When the Supreme Court tells us to our face that they are ignoring the words of the statute in favor of what they think the legislative branch was trying to accomplish, we must acknowledge that no legislative act has meaning at all.  All that matters is what five individuals clothed in black robes feel like they want the law to say.  If a statute can be interpreted to say the opposite of what it says, why can’t a statute be taken to mean absolutely anything at all?  Why can’t, “the right of the people to keep and bear Arms, shall not be infringed” be interpreted to mean everyone must eat lettuce on Wednesdays?  I know this is a gross exaggeration, but the point is that once we move away from strictly interpreting words to mean what they say, what is the actual reason for limiting the new interpretation?  When logic is thrown out the window, then why should we be surprised when we come across any idiotic interpretation at all?

Unfortunately, now is not the time for impeachment, now is the time to begin considering it, so that if we have a conservative POTUS and a conservative congress, perhaps we can use the final option available to us to right the ship of state.  Either that, or we may be looking at the legal decision that finally destroyed the underpinnings of our legal system, and thus destroyed the foundation of our nation.