Go ahead and give me the constitutional definition of high crimes and misdemeanors - hint, there isn't one and most scholars think it means something congress doesn't like
First, I’m incredulous that “most scholars think it means something congress doesn’t like.”
Second, reducing the analysis to a popularity contest establishes only the number of people in agreement. Such head counting is not indicative of who is right, who is wrong, or what is or isn’t a strong, logical argument.
Third, the conclusion you made was qualified with the word “should.” More specifically, impeachment “should always be an option.” I interjected that such a broad statement would encapsulate behavior by a president that is appropriate.
I then opined impeachment shouldn’t be considered for the exercise of power that is appropriate.
You’re contesting that claim which suggests you take the view that even for appropriate behavior, impeachment should be option. That view isn’t logical.
A good ol’ fashion logical reading of the plain text doesn’t support the suggestion impeachment “should always be an option.” After all, the impeachment clause contemplates illegality, such as “treason, bribery,” both which are inappropriate conduct. The “high crimes and misdemeanors” wrap up the phrase but are lumped together, to read, “removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
Now, assuming for a moment the phrase “high crimes and misdemeanors” lacks a definition as you contend, (that’s not entirely accurate based on the scholarly articles I’ve read), the phrase read together allows for the implication that appropriate conduct shouldn’t be subjected to impeachment. The entirety of the phrase can rationally be understood to exclude certain conduct, conduct which is appropriate.
It doesn’t make much sense to take the position of, “Bravo Mr. President, you behaved in an appropriate manner, you saved the Republic, but impeachment for your Herculean efforts is on the table.” That sets, as I said before, a potentially chilling precedent for presidents, of walking on egg shells even when their behavior is appropriate. Where behavior is appropriate, it is desirous for a president to act, free from any notion that impeachment can be wielded even for the most prudent conduct.
So, no, I’m not convinced by your view that impeachment “should always be an option.” Your thoughts above do nothing to strengthen that claim.
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