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U.S. Constitution
See other U.S. Constitution Articles

Title: Impeachment Should Be on the Table If Trump Bombs Iran
Source: The American Conservative
URL Source: https://www.theamericanconservative ... the-table-if-trump-bombs-iran/
Published: May 22, 2019
Author: Gene Healy
Post Date: 2019-05-23 07:18:53 by Deckard
Keywords: None
Views: 389
Comments: 16

Without Congress's approval, he has no legal authority to start a war, no matter what John Bolton seems to think.

We’re told that the Trump administration’s brinksmanship on Iran stems from a power grab by President Donald Trump’s undeterrable national security advisor, John Bolton. And it’s true that Bolton has never met a “preventive” war he didn’t like and that there’s every reason to suspect him of scheming to create an excuse for one. But lately it’s getting hard to distinguish President Trump from “President Bolton.” “If Iran wants to fight, that will be the official end of Iran,” Trump rage-tweeted Sunday. “Never threaten the United States again!”

If the administration can’t be convinced to stand down, the House of Representatives should launch a preemptive strike of its own. They should credibly threaten to impeach the president if he goes to war without congressional authorization.

Waging war without legal authority is an impeachable offense, if anything is. Impeachment was designed to thwart attempts to subvert the Constitution; congressional control of the war power was one of that document’s core guarantees. “In no part of the constitution is more wisdom to be found,” James Madison affirmed, “than in the clause which confides the question of war or peace to the legislature, and not to the executive department.”

The first federal impeachment case, brought less than a decade after the Constitution’s ratification, centered on charges of unauthorized warmaking. In 1797, the House impeached Tennessee Senator William Blount for conspiring to raise a private army for “a military hostile expedition” against Spanish-held Louisiana and Florida, “in violation of the obligations of neutrality, and against the laws of the United States.” In the Founding era, usurpation of the war power was considered serious enough to merit the ultimate constitutional remedy.

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No president has yet been impeached for illegal warmaking, but Richard Nixon came closest. In 1974, the House Judiciary Committee debated impeaching Nixon for conducting a secret bombing campaign in Cambodia “in derogation of the power of the Congress to declare war.” The article never made it into the final charges, possibly scuttled by Democratic leadership out of fear of revealing “that a few prominent members of their party had known about the secret bombing at the time.” As Congressman William Hungate put it afterwards: “It’s kind of hard to live with yourself when you impeach a guy for tapping telephones and not for making war without authorization.”

Current members of Congress should find it hard to live with themselves if they don’t do something to prevent the Trump administration from dragging us into an illegal and unnecessary war. Yet so far the congressional response has been limited to ineffectual grousing and the introduction of a few bills that are wholly inadequate to the task at hand.

Instead the House should consider passing a resolution “expressing the sense of the House of Representatives that the use of offensive military force against Iran without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.”

The late, great Congressman Walter Jones, long one of the most jealous guardians of Congress’s power “to declare War,” proposed a similar measure during President Obama’s second term, when the administration was publicly contemplating airstrikes on Syria. Jones introduced a concurrent resolution stating that “except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress” is an impeachable offense.

The Jones resolution only secured a handful of cosponsors and proved unnecessary in any event, when President Obama decided to seek congressional authorization for airstrikes, then abandoned the effort entirely. The stakes are far higher now.

The current House leadership is notably gun-shy about impeachment. But over the last two years, House Democrats have threatened to impeach Trump for much less. In the previous Congress, for example, Congressman Steve Cohen introduced articles charging Trump with, among other things, overspending on golf cart rentals at Mar-a-Lago. In January 2018, Congressman Al Green got 66 Democratic votes to move forward on a resolution to impeach Trump for “attempting to convert his bigoted statements into United States policy” in the form of the travel ban and the ban on transgender troops.

Surely, more Democrats—and even a few Republicans, like Congressman Justin Amash—could rouse themselves to threaten impeachment to avoid a disastrous war in violation of a core constitutional guarantee.

Other options on the table. H.R. 2354, barring funds for military action against Iran absent congressional authorization, can—and would—be vetoed by the president. A sense of the House resolution could not. It wouldn’t have the force of law, but it would be more than mere symbolism: a shot across the administration’s bow and fair warning to the president. Moreover, a resolution publicly declaring war with Iran an impeachable offense could serve as a precommitment device for the House, a public pledge to take action should he cross that line.

Only two presidents have ever been impeached by the House, yet others still fear joining their ranks. Trump has claimed he’s “not even a little bit” worried about the prospect, but insider accounts and his public Twitter feed tell a different story. Earlier this week, he blew up at Representative Amash for opining that he’d engaged in impeachable conduct: “Justin is a loser who sadly plays right into our opponents hands!”

Impeachment’s purpose isn’t primarily to punish abuses after the fact—that would be cold comfort here—but to prevent damage from being done in the first place. “It will not be the only means of punishing misconduct, but it will prevent misconduct,” future Supreme Court justice James Iredell remarked during the ratification debates in 1788. “Although he may be a man of no principle, the very terror of punishment will perhaps deter him.” But in law as in war, deterrence sometimes requires a credible threat. (1 image)

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#1. To: Deckard (#0)

Definition of treason

1
: the offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign's family

Attaboy, give the enemy all they want!!!

"Socialism corrupts and Democratic Socialism corrupts Absolutely"!

Justified  posted on  2019-05-23   8:25:35 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

Impeachment Should Be on the Table If Trump Bombs Iran

You guys understand Trump as well as you understand reality. Not at all!

Lets just keep helping our enemy and stabbing America in the back. People like you are the reason we have to fight nonsensical wars. You fight against those who can win a fight with out a firing a shot but back those that will be forced to fight because they tell their enemies they will never fight even if they are attacked. What crazy ass logic you mentally ill people have!!!

"Socialism corrupts and Democratic Socialism corrupts Absolutely"!

Justified  posted on  2019-05-23   8:31:15 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

Impeachment Should Be on the Table If Trump Bombs Iran

Impeachment is already on the table and Trump hasn't done squat.

misterwhite  posted on  2019-05-23   9:06:41 ET  Reply   Trace   Private Reply  


#4. To: Deckard (#0)

You have no doubt heard of false flag events, and the opportunity exists with a carrier group somewhere nearby

paraclete  posted on  2019-05-23   9:12:49 ET  Reply   Trace   Private Reply  


#5. To: paraclete (#4)

You have no doubt heard of false flag events, and the opportunity exists with a carrier group somewhere nearby

That's the most likely scenario - that tactic has worked so well in the past to facilitate unconstitutional wars.

Just look at 9/11 for a prime example.

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2019-05-23   10:38:17 ET  Reply   Trace   Private Reply  


#6. To: Justified, Saudi-Israel First, *The Two Parties ARE the Same* (#2) (Edited)

You guys understand Trump as well as you understand reality. Not at all!

Understand that Trump is your standard Hillary/McCain/Kerry globalist America-last neocon traitor. Jeb! too!

Cinco de Mayo, 5-5-16, Never Forget [Globalist Traitor]



Ron Paul - Lake Jackson Texas Values

Hondo68  posted on  2019-05-23   15:20:09 ET  (1 image) Reply   Trace   Private Reply  


#7. To: Deckard (#0)

[Gene Healy, The American Conservative] The first federal impeachment case, brought less than a decade after the Constitution’s ratification, centered on charges of unauthorized warmaking. In 1797, the House impeached Tennessee Senator William Blount for conspiring to raise a private army for “a military hostile expedition” against Spanish-held Louisiana and Florida, “in violation of the obligations of neutrality, and against the laws of the United States.” In the Founding era, usurpation of the war power was considered serious enough to merit the ultimate constitutional remedy.

The impeachment charges against Blount were dismissed. The pronouncement of dismissal was rendered by Vice President Thomas Jefferson

https://www.washingtonpost.com/archive/politics/1988/08/09/impeachment-in-the-house/0f118143-f1d7-4fad-9ae7-0650390a57f5/

1797, Sen. William Blount of Tennessee: Impeached for conspiring to stir up the Cherokee Indians. Charges dismissed by the Senate.

Hinds' Precedents, Volume 3, Chapter 70, Impeachment and Trial of William Blount, From the U.S. Government Printing Office

On January 14,5 the managers alone attended, the House going on with the transaction of its business. The court being opened and silence being proclaimed, the parties attending, judgment was pronounced by the Vice-President as follows:

Gentlemen, managers of the House of Representatives, and gentlemen, counsel for William Blount: The court, after having given the most mature and serious consideration to the question, and to the full and able arguments urged on both sides, has come to the decision which I am now about to deliver.

The court is of opinion that the matter alleged in the plea of the defendant is sufficient in law to show that this court ought not to hold jurisdiction of the said impeachment, and that the said impeachment is dismissed.

Copies of the judgment were delivered to the managers and to the counsel for the defendant, respectively.

After which they withdrew; and, on motion, the court adjourned without day.

On the same day, in the House,6 Mr. Bayard, from the managers appointed on

-----------------------------------------------------------------------

1 Senate Journal, p. 568; Annals, p. 2318.
2 Annals, p. 2318.
3 Annals, p. 2319.
4 House Journal, p. 430.
5 House Journal, pp. 431, 432. Annals, pp. 2648, 2319
6 House Journal, pp. 431, 432.

Sec. 2318

the part of this House to conduct the impeachment against William Blount, made a further report, which was read, as follows:

That agreeably to the notification of the Senate they attended at their bar to hear their judgment upon the plea of the said William Blount, and that the President of the Senate pronounced judgment upon the said plea, a copy whereof was ordered to be delivered to the managers and is annexed to this report.

``United States of America, Friday, January 11, 1799.
High Court of Impeachment.
``united states v. william blount.

``The court is of opinion, etc. [Here follows the decision as given above.]

``Attest:

``Sam A. Otis, Secretary.''

The report and copy were ordered to lie on the table.

A kid swallowed all the Scrabble letters. Now his poop shows more intelligence than a libertarian.

nolu chan  posted on  2019-05-23   16:46:29 ET  Reply   Trace   Private Reply  


#8. To: Deckard, *The Two Parties ARE the Same* (#0)

The D&R crime syndicate protects it's own. Donnell is safe.



Ron Paul - Lake Jackson Texas Values

Hondo68  posted on  2019-05-23   17:27:53 ET  (1 image) Reply   Trace   Private Reply  


#9. To: Hondo68 (#6)

Understand that Trump is your standard Hillary/McCain/Kerry globalist America-last neocon traitor. Jeb! too!

You are too stupid to walk and talk so please do one not both. Trump is the only one that is fighting the deepstate shits. He has them so flustered they are acting just like you guys. Batshit crazy. He is a showman that makes his enemies freak out before entering into negotiation so he can start on a strong footing and they are already behind. No president in my life time has done such a thing. Put America as a whole first. Extreme libertarians will hate Trump as much as extreme progressives hate him. You just do not get him while every sane American laughs at you guys for being dense.

If you think Trump is the same as Hillary/McStain/Kerry/Bushs you are insane!!!!

"Socialism corrupts and Democratic Socialism corrupts Absolutely"!

Justified  posted on  2019-05-23   18:09:56 ET  Reply   Trace   Private Reply  


#10. To: Justified (#9)

It's tiresome, isn't it?

Vicomte13  posted on  2019-05-24   6:02:28 ET  Reply   Trace   Private Reply  


#11. To: Vicomte13 (#10)

It's tiresome, isn't it?

This guys has serious haterraid for Trump!

"Socialism corrupts and Democratic Socialism corrupts Absolutely"!

Justified  posted on  2019-05-24   9:57:21 ET  Reply   Trace   Private Reply  


#12. To: Justified, Vicomte13 (#11) (Edited)


The new Three Amigos, neocons

Boy Muhammad & Bibi are running the show.

Impeach Trump!



Ron Paul - Lake Jackson Texas Values

Hondo68  posted on  2019-05-24   15:21:41 ET  (1 image) Reply   Trace   Private Reply  


#13. To: Deckard (#0)

Stop threatening and advertising a strike. Just do it in the dark of night and all of a sudden.

Liberals are like Slinkys. They're good for nothing, but somehow they bring a smile to your face as you shove them down the stairs.

IbJensen  posted on  2019-05-25   9:36:18 ET  Reply   Trace   Private Reply  


#14. To: IbJensen (#13)

Just do it in the dark of night and all of a sudden.

If Iran took out Mar de Largo or Trump Tower in the middle of night, no one would care. /s



Ron Paul - Lake Jackson Texas Values

Hondo68  posted on  2019-05-25   9:59:07 ET  Reply   Trace   Private Reply  


#15. To: Hondo68, Vicomte13 (#12)

Sticking your head in the sand is not foreign policy. Its just dodging reality.

I do not think ME peace is possible. If Iran gets the "bomb" then Saudi Arabia will want one. It will be like a house of cards from there. Then there is bound to be some fireworks soon after that.

ME is just one big messed up place with too much money and very aggressive religions.

"Socialism corrupts and Democratic Socialism corrupts Absolutely"!

Justified  posted on  2019-05-25   11:37:09 ET  Reply   Trace   Private Reply  


#16. To: Hondo68 (#14)

If Iran took out Mar de Largo or Trump Tower in the middle of night, no one would care. /s

Perhaps the families of the guests might care.

Liberals are like Slinkys. They're good for nothing, but somehow they bring a smile to your face as you shove them down the stairs.

IbJensen  posted on  2019-05-26   8:17:14 ET  Reply   Trace   Private Reply  


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