Well impeachment is only formal charge. It then goes to the Senate for conviction.
OK, I guess I’ll have to research the meaning of “misdemeanors” back then. It seems sensible that it would be a “low crime” (which it is now) because it is juxtaposed with “high crimes” in the section.
I’ll check it out, and thank for a reasoned response.
> I’ll check it out, and thank for a reasoned response. <
You’re welcome. Our discussion here highlights the problems that can occur when applying 18th century language to the 21st century.
We see this also in discussions of the 2A. The word “militia” in the 2A refers to every adult. In those days, the militia was everyone. But unfortunately that word today has taken on a different meaning.
“Misdemeanor” means a seriously bad attitude.
If the President, for example, decided to play golf every day instead of attending to the matters of government, that would be a misdemeanor in the original sense.
High Crimes, means crimes committed by a person at the level of government that they get to decide prosecution, or operate with supreme authority.
For example, in England, a commoner could not commit High Treason, no matter what they did, as they have no authority. An Ambassador, with the authority to make treaties, deciding to use that authority to sign away part of the country without good cause, fidelity, and appropriate consult or direction, would be an act of High Treason.
High Crimes and Misdemeanors, are put together. Those all refer to serious acts.
The House is supposed to use good judgement. They are being frivolous here.
Impeachment was intended to be nonpolitical, but in practice, it usually divides largely along political lines.
The measure of just how political it is, is how bipartisan the vote is.
Since House impeachment only requires a simple majority, it is FAR more likely to be political - the majority party can easily pass articles of impeachment with an entirely partisan vote.
By contrast, Senate conviction and removal requires a 2/3 majority, so unless the opposition party had more than 67 senators (extremely rare), a purely partisan conviction would be impossible.