The Point of Impeachment (Updated)
[Headlines from DRJ]
Andrew C. McCarthy @ National Review – The Point of Impeachment:
… the capacity of Congress to oust a lawless president is central to the Framers’ design of our governing system. Because executive power is awesome, and intended to be that way, certain abuses of it can be discouraged only by the credible threat that Congress will remove the president from power — or, if discouragement fails, can be remediated only by the president’s actual removal. That is why Madison believed that the inclusion of impeachment in Congress’s arsenal was “indispensible” to preserving the Constitution’s framework of liberty vouchsafed by divided power.
“[H]igh crimes and misdemeanors,” the Constitution’s trigger for impeachment, is a term of art for abuses of power that violate the president’s fiduciary obligations to the American people he serves, the constitutional system he takes an oath to preserve, and the laws whose faithful execution is his core duty. High crimes and misdemeanors are not — or at least, not necessarily — the same as “crimes” and “misdemeanors” prosecutable in the courts. Impeachment is a political remedy (i.e., the removal of political authority), not a legal one (i.e., the removal of liberty after criminal indictment and conviction). That is why Hamilton, in Federalist 65, described impeachable offenses as “political” in nature — as “proceed[ing] from the misconduct of public men, or in other words from the abuse or violation of some public trust.”
UPDATE 6/1/2019: Andrew C. McCarthy today — The Mueller Investigation was always an Impeachment Probe.