Posts Tagged ‘Andrew Johnson’

Impeachment (a remedy) Part 1 of 2

January 18, 2020

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Impeachment (a remedy) Part 1 of 2

By Dahni
© 2020, all rights reserved

There have now been four presidents not three (as presently believed), the House of Representatives have supposedly impeached. There have only ever been two trials in the Senate (now the third is about to begin), but thus far, no president has ever been convicted by the 2/3 majority of senators voting to convict, as required by the US Constitution. And it appears that the present will not lead to conviction either. It does make you wonder why impeachment is ever brought up in the first place??? What does the Constitution say about impeachment?

“The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

Article I, Section 3.6, The U.S. Constitution

“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.”

Article II, Section 4, The U.S. Constitution

“The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.”

Article I, Section 2.5, The U.S. Constitution

“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

Article I, 3.7, The U.S. Constitution

“Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.”

Article I, Section 5.2, The U.S. Constitution

“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed”

Article III, Section 2.3,The U.S. Constitution

An Impeachment trial is to be tried by the Senate, with the Chief Justice of the Supreme Court presiding (not sitting as a judge or to judge for dismissal, conviction or acquittal). The senators are NOT jurors, but Senators that vote for dismissal, conviction or acquittal and must concur with 2/3 of a majority of Senators voting. Senators (2/3 majority), are the collective judge(s), of an impeachment trial and may actually overturn the Chief Justice, provided that a simple majority of sworn or affirmed judges (senators), concur.

On all other matters except for an impeachment trial, if there is a 50/50 vote, the Vice President may cast the deciding vote. But in the case of an impeachment trial, the Vice President of the United States would NOT be a deciding vote or determine a simple majority because, it would be 51 votes to 51 (including the ruling of the presiding Chief Justice of the Supreme Court.

An ‘Active Quorum Call’ calls out as present, 100 Senators. Those present shall vow by oath or affirmation, administered by the presiding Chief Justice of the Supreme Court before the whole body and sign the ‘Book of Oath’ confirming their oath or affirmation was administered and they freely are bound to administer impartial justice. Any member not present at a ‘Live Quorum Call’ shall be required to take the same oath or affirmation and sign ‘The Oath Book’ before the actual trial can begin.

The founders of our Constitutional and Representative government and framers of our Constitution perhaps wrestled with the ideas of impeachment more than any other issue.

For more information, seek out, read and research ‘The Federalist Papers #65’. Any public library may have this and it could be checked out for FREE. Someone you know or that they know might have a copy which you could borrow for FREE. There are several online sources, which you can source for FREE.

No. 65: The Powers of the Senate Continued
Written by: Alexander Hamilton
March 7, 1788

But our Founders and Framers recognized the seriousness of impeachment! It would in essence be overturning an election and subject the accused if convicted, to be removed from office, to never again be allowed to serve in any public office and may be subject to other indictments and punishments that arise after the removal from office, even if such charges arose during their time in office. If the person or persons is convicted by a 2/3rd. Majority of the senators voting, they cannot be pardoned by any acting president of the United States. Richard Nixon was pardoned, but he was never convicted, he resigned before the Impeachment trial ever began.

Our founders and framers further realized that by impeachment and conviction, this is primarily a political remedy. With a further view, they recognized that “government is a necessary evil”; subject to the faults, failures, fragility and imperfection of our human race. In so acknowledging these human facts, they provided checks and balances and divided government into three separate and equal branches of government— legislative to write the laws, the executive to execute the laws and the judiciary to determine the constitutionality of the laws.

Fundamental or foundational (that upon which the government rests and is to serve), is WE the People. Fundamental or foundational (that upon which WE the People rest and are to be served by), is the individual’s God given (“endowed by their creator”, not the government), “with certain and unalienable rights (rights which cannot be taken, earned, given, bought sold or forfeited), that among these are Life, Liberty and the Pursuit of Happiness”, according to, the Foundation of our government— The Declaration of Independence and “in order to—

“In order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”

Preamble to The U.S. Constitution

And set forth in the ‘Bill of Rights’, the first 10 amendments to our Constitution.

Therefore, in the case of Impeachment and conviction of an individual or individuals to be impeached and convicted, they must first be given every protection and considered innocent until proven guilty. So serious a thing to deny anyone of their God given rights, our founders and framers wrote and as duly representatives of their individual states, ultimately all agreed and signed their names (an affidavit), that they were who they said they were and were sworn or affirmed that the Constitution would become the ‘Law of the Land’ of our collective states and all individuals of the Constitutional and representative government of, by and for the people, of the United States of America!

And therefore, to remove any president from office, overturn an election, and deny any of their individual rights, any crime or crimes against the Constitution, and the People of the United States, must be so great that it warrants impeachment and conviction!

The manner or process by which this is to be done is simply as follows and is careful to include all branches of government— the Legislative, the Executive and the Judiciary.

The House of Representatives must, by a simple majority, vote to impeach and then present their charges (Articles of Impeachment), to the Senate for the purpose of trial to dismiss, convict or acquit.

The Senate must call for the Chief Justice of the Supreme Court to preside over the trial and administer an oath to the Chief Justice that they (he or she), swears or affirms to administer justice impartially.

The Senate shall call all senators and the Chief Justice will administer the same oath to all senators.

All senators will take the oath freely and sign their names freely in ‘The Oath Book’, acknowledging their sworn or affirmed oaths to administer justice impartially.

By a 2/3 majority of senators, senators may dismiss, convict or acquit, the person or persons impeached.

Contrary to what you may believe or have recently heard, once impeached always impeached. Or as stated by the recent Speaker of the House (House of Representatives), who signed the Articles of Impeachment and sent this to the Senate, “He (the current 2020 president), “is forever impeached!” Emphasis intended by exclamation point.

“Forever impeached?” This is NOT true! It is a lie! Impeachment is but one part. The Second part is a trial, which could end by a 2/3 majority of senators to dismiss, convict or acquit. Only IF the person or persons is convicted are they impeached. If the trial is dismissed, they are not impeached. If they are acquitted, they are not impeached!

Our system of justice requires that all are presumed to be innocent, unless proven guilty. Articles of Impeachment by The House of Representatives are no different than any charges against the accused. They are charges. But the one or ones accused are still presumed innocent, until proven guilty. If the case is dismissed, they are still to be presumed innocent, even if they were guilty. If the accused is acquitted, they are still to be presumed innocent! This is, our system of justice! If this were not so, an innocent person or persons could be found guilty as charged.

Impeachment Dismissal and Conviction is so serious a matter, our founders and framers knew it could begin and end in a wholly political and partisan conclusion. They tried to make the process both as simple and as difficult as possible! The work of their simple vision is clouded by imperfect beings who interpret to their own leanings, what our laws say as well as, inserting what they do not say. But along with their simple vision to always strive for perfection, they also desired that the removal of office, be as difficult as possible.

Impeachment, Dismissal and Conviction is not intended to take place because of mere dislike or disagreement or like and agreement.

Our Founders and Framers rejected the idea of the smaller number of Supreme Court Justices and the Chief Justice, deciding the fate of those accused. The Supreme Court is often not familiar with the accused personally and may be thought of as being more independent and impartial, but their smaller number with the potential of the Chief Justice deciding the fate of the accused, was considered not enough protection to the accused.

The Founders and Framers rejected the idea of The House of Representatives, being both accusers and judges.

They rejected the idea of the Senate being both accusers and judges.

The House of Representatives are not supposed to vote on and submit to the Senate, Articles of Impeachment, for unproven charges or because, they may not like or agree with the accused.

The Senate is not supposed to dismiss, convict or acquit because, they may like or may not like, or they may agree or not agree with the accused.

Impeachment is a remedy solely for treason, bribery and other high crimes and misdemeanors. Though there may appear to be a lot of wiggle room or broad latitude for the word “misdemeanors”, this is NOT its purpose or intention. Therefore, any representative of the House of Representatives that seeks to make valid what is invalid or valid what is invalid, they are guilty of perjury and have violated their sworn or affirmed oath to the United States Constitution.

Any Senator that does the same is also, guilty of perjury.

Any Chief Justice presiding over an Impeachment trial that accepts as valid what is not or accepts what is invalid as valid, is also guilty of perjury. The Chief Justice presiding over an Impeachment trial, although not a judge, he or she as the Chief Justice represents the collective and entire body of justices and the Judiciary Branch of government of the United States. Although not a judge of the Impeachment trial, he or she is not harmless if they do NOT uphold the highest standards of good faith, credibility, impartial justice,
Jurisprudence, and the Constitution of the United States of America.

Any president, executive or any other public servant as the Constitution prescribes, who is under subpoena and refuses to comply claiming— Presidential or Executive Privilege, for the purpose of evasion to conceal confidential information, under the pretense of national security or protection of the public, violates their sworn or affirmed oath to the Constitution and is guilty of perjury. The remedy is to petition the court and if evidence is found that the person has falsely claimed Presidential or Executive Privilege, to evade or conceal pertinent facts to a crime or crimes committed, may order the President or Executive to produce the required information. Failure to do so will result in the additional charge of Obstruction of Justice.

Our Founders and Framers fervently desired the Impeachment process to be as simple as possible and as difficult as possible, affording the greatest possible protection to the accused that are considered innocent, until proven guilty. And if not found to be guilty, or the case is dismissed, they remain as if UN-impeached and innocent of any and all charges.

The Preamble to Our Constitution states in part, “In order to form a more perfect union…” It is NOT to form a perfect union! It replaced the former ‘Articles of Confederation of the Union Perpetual’ and removed the word “perpetual”! Perfection and Perpetuity is not possible by such imperfect beings as our human race, but it is a goal in which WE should always strive for, always! Because of this, our founders and framers would rather that all the guilty be acquitted if their guilt is not proven, than one innocent individual believed to be guilty, but is not! Think about that and the principal of innocent until proven guilty!!!

Armed with the accouterments of the Patriot Warriors of Life, Liberty and the Pursuit of Happiness, next time we will look at the history of impeachment, how imperfection has validated, everything you have just read!!!

Everything you have just read with regards to Impeachment is, not exactly how it has been applied since the first time in 1868. You might ask why, why not or how has this been applied? The single answer is, “Legal fiction.” It is legal because it comes from the Constitution, but it is fiction (does not exist or is made up), because of interpretation. For more information, see: ‘RESET (An UN-alien’s Guide to Resetting Our Republic)’ Chapter 16 ‘Legal Fiction (Fiction of Law) –

https://resetbook.com/

If you are not too depressed or stressed out about Impeachment, enjoy “Impeachment Polka,” written in 1868 by the composer Charles Dupee Blake. It may seem like an odd thing for the present, but in 1868, everybody was talking about impeachment. It had never been before in the history of the United States. The Civil War was pretty much over. The wounds of president Lincoln’s assassination had been begun to subside and people were looking for entertainment and something new. Not unlike today in 2020, in 1868, a lot of people were happy about impeaching a president. What should be a solemn occasion with the potential effects of overturning an election and the negative impact to the accused, a lot of people were looking for some excitement. On January 16, 2020, the Speaker of the House had used many pens to sign the Articles of Impeachment and passed them out like candy. But then, the House Managers marched this over to the Senate like a funeral procession, as if this were a solemn thing. It was a “solemn thing,” but many people were excited about it! It was the same thing in 1868. And then and now, there is always those that seek to make a buck off of, just about anything.

“Tickets to the impeachment trial in the Senate for Johnson in 1868 were the hottest items in town,” said Brenda Wineapple, author of ‘The Impeacher: The Trial of Andrew Johnson and the Dream of a Just Nation.’ Tickets were hard to get. “People were lined up outside the building early in the morning to try to get in,” Brenda Wineapple. And again, Charles Dupee Blake, sought to earn some money with his ‘Impeachment Polka. ‘

Michael Adcock performs “Impeachment Polka.” (Michael Adcock performs “Impeachment Polka.” Zach Purser Brown/The Washington Post)

Now listen to Michael Adcock perform, ‘Impeachment Polka.’

Next time: ‘Impeachment’ (History of Imperfection) Part 2 of 2

 

 

 

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