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Impeachment Does Not 'Overturn' an Election-The founders were extremely clear about the importance..
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Impeachment Does Not Overturn an Election
The founders were extremely clear about the importance of dealing with the abuse of executive power.
By Stephen I. Vladeck
Mr. Vladeck is a professor at the University of Texas School of Law.
Oct. 28, 2019
The founders originally gave Congress the power to elevate the presidents top rival.
The founders originally gave Congress the power to elevate the presidents top rival.Credit...Damon Winter/The New York Times
As House Democrats ramp up their impeachment investigation into President Trump, an increasingly vocal charge from the presidents supporters (and the White House) is that the House is attempting to overturn the results of the 2016 election.
The charge is that impeaching and removing an elected president is illegitimate because it is anti-democratic because the person the voters (or, at least in this case, the Electoral College) chose ends up out of office. This argument is silly impeachment is in the Constitution as a way of dealing with the abuse of executive power.
But to fully understand why the charge is ludicrous, it may help to go back 219 years to the origins of a constitutional provision that receives virtually no attention in contemporary discourse, the 12th Amendment.
As Hamilton fans (and plenty of others) know, the election of 1800, in which President John Adams ran against his vice president and political rival, Thomas Jefferson, revealed a serious flaw in how the Constitution structured presidential elections. The founders, who did not anticipate the rise of political parties, provided for an Electoral College in which electors cast votes for two candidates without specifying which one they supported for president and which one they supported for vice president. Under Article II, Section 1, Clause 3 of the Constitution, whoever received the most electoral votes would be president, and whoever received the second-most electoral votes would be vice president.
This arrangement meant, as was true after the election of 1796, that the vice president, and thus the president of the Senate, could easily be the presidents principal political rival. (Imagine if Hillary Clintons reward for losing the 2016 election was to serve as Mr. Trumps vice president.) It also meant that, if every elector representing the party ultimately in the majority voted for both of the partys candidates, there would be a tie no matter how large their relative majority was.
Thats what happened in 1800, when .........................
............................................
This is why impeachment and removal remain extraordinary remedies for extraordinary misconduct by the president of the United States. But the founders would have been appalled at the suggestion that such measures are illegitimate solely because their result would be that the president is no longer the president. If that didnt faze them even when the result could have been to hand the presidency to the presidents rival, it certainly wouldnt faze them today, when it would hand the presidency to the presidents own handpicked running mate.
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Impeachment Does Not 'Overturn' an Election-The founders were extremely clear about the importance.. (Original Post)
riversedge
Dec 2019
OP
The Velveteen Ocelot
(115,681 posts)1. Stated more simply:
We, the voters, "hire" a president for a period of time, four years. But if our employee doesn't work out, we can fire him before that four-year period has elapsed. All employers should have a way to get rid of an unsatisfactory employee.
eppur_se_muova
(36,261 posts)4. Uglicans ***LOVE*** the idea of at-will employment !!
Last edited Mon Dec 9, 2019, 03:37 PM - Edit history (1)
Just not for Uglicans.
mopinko
(70,088 posts)2. i'm still waiting for them to make a cogent argument. one. one cogent argument.
one exculpatory fact.
there are none. none. none. none.
no_hypocrisy
(46,086 posts)3. If impeachment "overturns an election,"
HRC would be the replacement President, not Mike Pence.
Republicans should read The Constitution before they open their mouths.
Nitram
(22,794 posts)5. Duh! But the Cult of Trump will still say Democrats are trying to cancel a legal election.