Monday, December 09, 2019
Applying Rules of Statutory Construction to the Constitution of the United States
I have been having some success lately in front of Colorado's Court of Appeals regarding poor use of the rules for construing a statute. I won't bore you with the list of these rules, because if the language of the statute is clear on its face, you don't go further. The statute says what it says.
So, let's apply that first, simple rule to the Constitution, Article II, Section 4; that is, let's read the section, which is short and states:
"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
The Impeachment hearings are so boring, even the chairman fell asleep.
UPDATE: Unless there are parts of the United States Code which make the two proposed articles of impeachment actual crimes (and I doubt it, but I will look), it seems I was correct in my prediction above.
Labels: Impeachment Requires Crime
That small word does the hard work of a jack: it lifts the phrase "high crimes and misdemeanors" up onto the same lofty pedestal as that where rest treason and bribery.
There's nothing in Trump's call with Zelensky that gets anywhere near meeting that threshold.
So I just wanted to complement your perspicacity.
What Trump said to Zelensky is what politicians and heads of state say to each other all the time. It's not a crime. In fact, on first look, neither of the two articles of impeachment the Democrats are offering seem to allege any crime at all.
Glad to see you posting again. I worried that you'd given up....