The right to impeach public officials is enshrined in the constitution in Article 1 Sections 2 and 3. While it holds that officials can be impeached for and conviction of treason, bribery, or other high crimes and misdemeanors, Gerald Ford’s broader definition of impeachable offenses should be considered when accounting for today’s highly partisan congress. As the minority leader of the congress Ford held that, “An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.” This statement, while not entirely true from a constitutional purist sense, reminds us that congress is a body responsive to public opinion. Those in congress may seek to unseat a member, judge, or United States officer should enough support exist. For example, Associate Justice Samuel Chase was impeached but eventually acquitted as the Senate found his House impeachment was due most likely to an anti-federalist bias in the House.
Though rare, impeachments are a well established practice with a wealth of precedence. The first such charges were levied at a Senator William Blount from Tennessee in 1797. The house would vote to impeach the Senator, however the Senate did not feel that was necessary. Both houses have the ability to dismiss their own members without the support of the other house. The Senate at that time, probably for the sake of swiftness, simply voted to expel Mr. Blount. Impeachment has since become a more codified practice with the publishing of Thomas Jefferson’s Manual, which the House has since used when pursuing impeachment proceedings or reviewing other parliamentary practices. The Senate however, does not use Jefferson’s Manual.
In the wake of the Clinton Impeachment trials, it almost became common knowledge that no US president has been subject to impeachment outside the House of Representatives. However, other civil officers throughout history have been successfully impeached by both houses. 13 federal judges have been impeached by the House, 7 of them were then impeached by the Senate. (Oleszek, 133)
Judge Alcee Hastings is likely the most controversial impeachment casualty. Impeached by the House and Senate for charges relating to a bribery trial, the Senate chose not to invoke measures to maintain that Hastings never seek a federal office again. Needless to say, Hastings serves in the congress now.
Sources:
http://www.infoplease.com/spot/impeach.html
http://www.ford.utexas.edu/LIBRARY/speeches/700415f.htm
http://www.infoplease.com/spot/impeach.html
http://www.c-span.org/guide/congress/glossary/jefferso.htm
Note. From “Congressional Procedures and the Policy Process” by Walter J. Oleszek, 2007,p. 133. Copyright 2007 by CQ Press
http://www.nytimes.com/1989/10/21/us/hastings-ousted-as-senate-vote-convicts-judge.html
Tuesday, April 13, 2010
Earmark Bloopers/Felonious Behavior
Any cursory review of ethics in congress would not be complete without mentioning the omnipresent practice of writing up earmarks. Everyone probably remembers earmarks dominating some juncture of the national debate as the 2008 elections arrived. However earmarks, and their seemingly odious character, arose as yet another issue just prior to the 2006 midterms. Randy “Duke” Cunningham, a California congressman who sat on both Appropriations and Intelligence committees would use his position to yield federal monies where his surrogates (including Abramoff) saw fit. Using a lack of transparency made possible by the sometimes inherently secretive nature of the Intelligence Committee (where there are both "public" and "secret" aspects to budgeting)Cunningham had thought he could hide such behavior. (Oleszek, 47)
The congressman would eventually resign his seat following his conviction for several offenses. Had he not resigned his seat, his workload would have been severely limited as House rules hold that no member can be active in a any committee following felony convictions pending an investigation by the Ethics Committee. Congressman William Jefferson of Louisiana suffered a somewhat similar fate prior to his conviction for “conspiring to bribe". however Speaker Nancy Pelosi demoted Jefferson from his committees prior to his conviction in a move to save face.
Sources:
Note. From “Congressional Procedures and the Policy Process” by Walter J. Oleszek, 2007,p. 47. Copyright 2007 by CQ Press
http://www.rules.house.gov/ruleprec/RXXIII.htm
The congressman would eventually resign his seat following his conviction for several offenses. Had he not resigned his seat, his workload would have been severely limited as House rules hold that no member can be active in a any committee following felony convictions pending an investigation by the Ethics Committee. Congressman William Jefferson of Louisiana suffered a somewhat similar fate prior to his conviction for “conspiring to bribe". however Speaker Nancy Pelosi demoted Jefferson from his committees prior to his conviction in a move to save face.
Sources:
Note. From “Congressional Procedures and the Policy Process” by Walter J. Oleszek, 2007,p. 47. Copyright 2007 by CQ Press
http://www.rules.house.gov/ruleprec/RXXIII.htm
Earmarks or Pork?
With all the controversy that surrounds earmarks it seems that many have forgotten that some politicians got where they are by pursuing them. The task at hand for congressmen today has become somewhat more sophisticated with public opinion siding with a more cautious spending scheme. Despite this, public opinion will also turn against most members who have failed to "bring home the bacon". Some in congress have cultivated an image devoted to fiscal conservatism and express no qualms about appropriations going elsewhere. Both Senators McCain and Inhofe have bragging rights in this endeavor, however other congressmen may find such a task impossible. Economically depressed regions may boot out a pol for not attracting investment. Nearly every election year voters are bombarded with commercials where one incumbent or another is either criticized or lauded for their failure or success in bringing a multinational corporation or public works project to the area.
There is also the practice of comity that suffers when one legislator sets out to oppose another’s initiatives. Opposing earmarks also may appear as grandstanding to other legislators who may decide not to cooperate with such a person in the future.
Sources:
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/05/AR2009080503195.html
There is also the practice of comity that suffers when one legislator sets out to oppose another’s initiatives. Opposing earmarks also may appear as grandstanding to other legislators who may decide not to cooperate with such a person in the future.
Sources:
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/05/AR2009080503195.html
Sunday, November 8, 2009
The Uncomfortable Part
Conventions are also a place where the base and sometimes further right or left elements of a party can air their grievances. Though it's often an uncomfortable juncture for the candidates and the establishment both major parties allow a measure of this at their conventions. In 1992 when Pro life Pennsylvania Governor Casey was refused a speech at the Democratic Convention it nearly offset the Democrat's "perfect" convention and subsequent conventions have been executed with more sensitivity.
In retrospect Patrick Buchanan's speech to the 1992 Republican convention is still as belligerent as it may have been then. Still Buchanan's speech may have enabled otherwise indifferent conservatives to support the Bush campaign. Party leaders may push to have theses uncomfortable speeches set aside for a less important time, say outside the prime time. Oddly, Ron Paul was not given time to speak at the last Republican convention, and he may not have even asked for one.
During the 2000 Republican convention, the party faced its own 'Casey Moment' when openly gay congressman Jim Kolbe addressed the delegation. Surprising some, most of the Texas delegation bowed their head during their speech in opposition to Kolbe's homosexuality. While the move did upset some moderates, some believed the move was orchestrated to reinforce Texan George W. Bush's conservative support.
From time to time conventions will allow for a some colorful characters and even a bit of acrimony if it means keeping the party united.
In retrospect Patrick Buchanan's speech to the 1992 Republican convention is still as belligerent as it may have been then. Still Buchanan's speech may have enabled otherwise indifferent conservatives to support the Bush campaign. Party leaders may push to have theses uncomfortable speeches set aside for a less important time, say outside the prime time. Oddly, Ron Paul was not given time to speak at the last Republican convention, and he may not have even asked for one.
During the 2000 Republican convention, the party faced its own 'Casey Moment' when openly gay congressman Jim Kolbe addressed the delegation. Surprising some, most of the Texas delegation bowed their head during their speech in opposition to Kolbe's homosexuality. While the move did upset some moderates, some believed the move was orchestrated to reinforce Texan George W. Bush's conservative support.
From time to time conventions will allow for a some colorful characters and even a bit of acrimony if it means keeping the party united.
Conversely...
Lower ballot candidates can make a name for themselves with the conventions. Keynote speeches are often utilized to present a rising star of the party to the American public. Ann Richards 1988 address to the Democratic Convention helped raise her profile for a subsequent run for Texas Governor. New York Governor Mario Cuomo's 1984 appearance at the Democratic Convention made many consider him a good choice for President in later elections. Memorably Barrack Obama's speech raised his profile considerably as a state senator.
The Pitfalls of Conventions
The last real convention, some might say, occurred in 1976 after Gerald Ford beat Ronald Reagan by only 100+ delegates. President Ford had come to the convention with more votes and delegates than Reagan, but neither had a majority and both wooed delegates throughout the convention. Some pundits even thought Reagan, with firmer adherents may upset the President. When all was said and done Ford came out on top. Reagan, maybe purposely, delivered a graceful and much more inspiring address than the awkward President, and Ford was denied a perfect convention from which to launch his candidacy.
This kind of drama was almost recreated in 1980 when Carter and Kennedy battled for the Democratic nomination. Though Carter went into the convention with the nomination sewn up, it was still a contentious affair with a sitting President again being opposed by members of his own party for nomination. The President’s tenuous grip on what should have been his base was epitomized by Kennedy’s very public refusal to shake Carter’s hand following Carters nomination.
Candidates can be disabled by their own selves at these conventions as well. Walter Mondale may have lost any real shot at besting President Reagan saying during his 1984 convention speech that he as President would indeed raise taxes. Bill Clinton’s long winded introduction for Michael Dukakis during the 88’ convention proved an embarrassment for the nascent Arkansas Governor.
This kind of drama was almost recreated in 1980 when Carter and Kennedy battled for the Democratic nomination. Though Carter went into the convention with the nomination sewn up, it was still a contentious affair with a sitting President again being opposed by members of his own party for nomination. The President’s tenuous grip on what should have been his base was epitomized by Kennedy’s very public refusal to shake Carter’s hand following Carters nomination.
Candidates can be disabled by their own selves at these conventions as well. Walter Mondale may have lost any real shot at besting President Reagan saying during his 1984 convention speech that he as President would indeed raise taxes. Bill Clinton’s long winded introduction for Michael Dukakis during the 88’ convention proved an embarrassment for the nascent Arkansas Governor.
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