Today News

Opinion | If it walks like a rebellion and talks like a rebellion…


This was most evident in 1868. impeachment trial In the case of Andrew Johnson, members of Congress often describe the president as a constitutional officer. Ohio Senator John Sherman said during the trial that “the electors can elect the president and vice president, but the Senate can only remove them.” The president and Senate can appoint judges, but the Senate can only remove judges. These persons are constitutional officers whose terms of office and manner of removal are prescribed by the Constitution.

The brief’s authors also assemble evidence that the framers of the original 1787 Constitution also considered the president an official of the United States. For example, an early version of the articles of impeachment referred to “the impeachment of any official of the state.” “The final version of the clause provides:

The sentence in a case of impeachment shall not extend beyond removal from office, and disqualification from holding and enjoying any office of honor, trust, or profit under the United States: but the party convicted shall nevertheless be held responsible, and shall be prosecuted, tried, and judged, and punished according to law.

A president can be impeached, which by definition means he holds office within the United States and is a U.S. official. The president is also protected by the Foreign Emoluments Clause, which again applies to anyone holding any “office of profit or trust” in the United States.

If that wasn’t enough, the brief’s authors quoted a quote from Philadelphia Convention delegate Luther Martin, who explained it during the impeachment trial of Supreme Court Justice Samuel Chase—one of the most explosive stories about the Jefferson family. Political Events One Government – “Officials potentially subject to impeachment” are “the President, Vice President and all civilian officials of the Government.”

The final point here comes from and an amicus brief, a document compiled by historians Jill Lepore, Drew Gilpin Faust, David Blight, and John Fabian Witte (John Fabian Witt) Prepared and submitted. They point out that verse 3 is not written for the past; it is written for the future. “In the 14th Amendment, they wrote, the states now had a blueprint for a new constitution, a new kind of federalism, a commitment to equality before the law, and a way to legally secure the fundamental gains of the Civil War. “That blueprint included banning past public offices Persons hold federal or state office after participating in an unconstitutional insurrection. “

“This section is worded to disenfranchise past insurrectionary leaders and any future insurrectionary leaders,” said Missouri Senator John B. Henderson, who voted in favor of the amendment. .



Source link

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button