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What Are "High Crimes and Misdemeanors?"

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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 12:21 PM
Original message
What Are "High Crimes and Misdemeanors?"
From Infoplease...actually a good read on the history of impeachment.
http://www.infoplease.com/spot/impeach.html

"What Are "High Crimes and Misdemeanors?"

Bribery, perjury, and treason are among the least ambiguous reasons meriting impeachment, but the ocean of wrongdoing encompassed by the Constitution's stipulation of "high crimes and misdemeanors" is vast. Abuse of power and serious misconduct in office fit this category, but one act that is definitely not grounds for impeachment is partisan discord. Several impeachment cases have confused political animosity with genuine crimes. Since Congress, the vortex of partisanship, is responsible for indicting, trying, and convicting public officials, it is necessary for the legislative branch to temporarily cast aside its factional nature and adopt a judicial role."
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PRETZEL Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 12:26 PM
Response to Original message
1. From my perspective,
it's anything the House of Representatives agree upon.

The House has the easy job. It's up to the Senate to decide whether or not the offenses rise to a level that removes that person from office.
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 12:48 PM
Response to Reply #1
4. Good point
Which lends support to why the two presidents impeached were Democrats with Republican-radicals in power.
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BeFree Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 10:43 PM
Response to Reply #4
11. Damn good point, Nemesis
Edited on Thu Jul-21-05 10:44 PM by BeFree
Each and every time our nation has been fractured, it has been because of the radical republicans stirring the shit up.

Not only were the only two impeachment hearings concocted by them, the reason the only president in history to resign, resigned because of his radical republican attempts to overide the constitution.

Then there was raygun's pissing on that document that caused the Iran-Contra affair.

Your message should be one that keeps norquist awake at nights, keeping him from seeing his dream come true.

Fucking radical republicans have messed up our America. They don't deserve one more damn vote!
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 12:32 PM
Response to Original message
2. This seems to be a very good explaination.
http://www.constitution.org/cmt/high_crimes.htm

The question of impeachment turns on the meaning of the phrase in the Constitution at Art. II Sec. 4, "Treason, Bribery, or other high Crimes and Misdemeanors". I have carefully researched the origin of the phrase "high crimes and misdemeanors" and its meaning to the Framers, and found that the key to understanding it is the word "high". It does not mean "more serious". It refers to those punishable offenses that only apply to high persons, that is, to public officials, those who, because of their official status, are under special obligations that ordinary persons are not under, and which could not be meaningfully applied or justly punished if committed by ordinary persons.

Under the English common law tradition, crimes were defined through a legacy of court proceedings and decisions that punished offenses not because they were prohibited by statutes, but because they offended the sense of justice of the people and the court. Whether an offense could qualify as punishable depended largely on the obligations of the offender, and the obligations of a person holding a high position meant that some actions, or inactions, could be punishable if he did them, even though they would not be if done by an ordinary person.

Offenses of this kind survive today in the Uniform Code of Military Justice. It recognizes as punishable offenses such things as refusal to obey orders, abuse of authority, dereliction of duty, moral turpitude, and conduct unbecoming. These would not be offenses if committed by a civilian with no official position, but they are offenses which bear on the subject's fitness for the duties he holds, which he is bound by oath or affirmation to perform.

Perjury is usually defined as "lying under oath". That is not quite right. The original meaning was "violation of one's oath (or affirmation)".

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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 12:51 PM
Response to Reply #2
6. the "obligations of the offender"
Well, that would nail Bush etal straight into the slammer.

And Bush gave a blow job all right...to blow the cover of CIA covert operations. :banghead:
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cssmall Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 12:33 PM
Response to Original message
3. They are, according to a source during the Clinton Impechment,
anything involving crimes of high moral bankruptcy; i.e, bribery, prejury, and treason. However, Nixon's conspiracy to commit an lawful act, such as theft was good enough to get the ball rolling. But, typically, it is a crime committed whilst one is in office or some sort political standing that greatly influences their ability and/or will to do their certified job.
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DemocratSinceBirth Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 12:50 PM
Response to Original message
5. It's Whatever 67 Senators and 218 House Members Say It Is
nt
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Karenina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 01:06 PM
Response to Original message
7. LYING to use a nation's
Edited on Thu Jul-21-05 01:09 PM by Karenina
MIC to create worldwide anarchy while simultaneously DESTROYING that nation to line the pockets of an "*elite."




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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 01:07 PM
Response to Original message
8. If it looks like Bush or Cheney are going to be charged with
anything Joe Biden will be the first Senator to reach out and cut a deal "for the good of the country", followed quickly by Lieberman (sp?).
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silvershadow Donating Member (321 posts) Send PM | Profile | Ignore Thu Jul-21-05 08:16 PM
Response to Original message
9. apparently an extra-marital blowjob qualifies, so I would say
just about anything could be impeachable.
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niceypoo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-21-05 10:26 PM
Response to Original message
10. Blowjobs....
or course....
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