H. Res 635 (Seeking grounds for Presidential Impeachment)

See Search Results - THOMAS (Library of Congress)

a few interesting things

1. Isn't Thomas on-line simply fantastic? A well designed, well maintained web-sited chock full of information that the public has the right to know.

2. As the names on this resolution are all Democrats, it is difficult to look at the merits of this resolution, whatever it may finally say and whatever it may be.

3. If Republicans were to get aboard this bill, however, it would be a different story. It would be a story about the separation of powers, and we would see some rarely seen Constitutional issues get played out, maybe even new questions. How? Let's say that for political reasons (as opposed to ones of principal or the respect for law) the Republicans got behind the Democrat's resolution as a calculated manuever intended to steal the Democrat's thunder and retain control of the House, and as such they wrote up Articles of Impeachment having to do with a misuse by the President of his Patriot Act powers. Could the President be impeached for exercising powers that Congress had granted to him? Yes, if he abused those powers in a way that was determined, by Congress to be "high crimes and misdemeanors" What are those? What would happen if the President sought to fight the impeachment dismissed, as a matter of law (arguing that Congress had failed to state an actual offense that was sufficent to be considered a "High Crime or misdemeanor") rather than on the facts. Can the President do that? Procedurally how does that work? Lots of interesting Constitutional questions.

Interesting but strictly hypothetical.