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Pastimes : Impeachment=" Insult to all Voters"
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To: pezz who wrote (867)12/26/1998 10:34:00 AM
From: R. Martenson  Read Replies (1) of 2390
 
The Constitutional Convention borrowed much from old English law.

Most participants at the convention voiced opinions that criminal
acts were NOT the only grounds for impeachment.

The New York Bar association did an extensive piece on the
subject in 1974, the following are excerpts related to this
topic and describe how the founders thought and discussed the misdemeanor inclusion.

Randolph, for example, spoke of the need to impeach a President
for "abusing his power" in connection with the public purse and the military. "

Franklin argued that impeachment was necessary to prevent the
drastic remedy of assassination where a President
"rendered himself obnoxious."

Davie also spoke broadly of impeachment as "an essential security
for the good behavior of the Executive."

Madison then contributed a substantial and well-known statement
of his own views:

[Madison] thought it indispensable that some provision should be made for defending the Community ag[ain]st the incapacity,
negligence or perfidy of the chief Magistrate. The limitation of the period of his service was not a sufficient security. He might
lose his capacity after his appointment. He might pervert his administration into a scheme of peculation or oppression.... In the
case of the Executive Magistracy which was to be administered by a single man, loss of capacity or corruption was more within
the compass of probable events, and either of them might be fatal to the Republic."

Morris added: "Corrupting his electors, and incapacity were other causes of impeachment. For the latter he should be punished not
as a man, but as an officer.">>

Neither Madison nor Morris envisioned the grounds for impeachment
as being limited to criminal acts.
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