[Cboldt]

-- Does the phrase "...shall not be infringed" ring a bell? --

Great example. And to the point that a person not currently an officer cannot be impeached, becuase that's not what the constitution says, all they need to do is say "the constitution does not forbid it," and then they do it. There is no recourse if they are wrong. IOW, they cannot be wrong, no matter what. They can do whatever they want in this regard. The constitution literally has no force agains the government.

[hanamizu]

“the constitution does not forbid it,” and then they do it.

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This idea/argument goes back to the founding of the Republic—loose construction verses strict construction. Congress can only do what the Constitution allows or Congress may do anything not forbidden. I believe Jefferson faced this dilemma with the Louisiana Purchase. Nowhere was the President authorized to purchase land from France, but then nowhere was he forbidden to do so.

This is somewhat different however since the language of the Constitution clearly states who can be impeached and the list is limited. Alas members of Congress are not on that list and cannot be impeached no matter what they do. Senator Harris can bail out ‘mostly peaceful’ rioters, thus encouraging more rioting, but she cannot be impeached.