Posted on 08/31/2021 3:05:25 AM PDT by Kaslin
When the U.S. Constitutional Convention was held, the language argued and debated over had common wording from their day, including high crimes and misdemeanors.
Unlike today, misdemeanors were not considered criminal. There was a distinction between criminal actions and misdemeanors.
The Constitution limits those who can be impeached for high crimes and misdemeanors, since the 'high' part covers specific offices. From Wikipedia, “the legal and common parlance of the 17th and 18th centuries of "high crimes," is activity by or against those who have special duties acquired by taking an oath of office that are not shared with common persons.” In the Constitution, those who can be impeached are clearly written by the offices they hold.
William Blackstone’s widely read Commentaries on English Law, when referencing misdemeanors, was always preceded by crimes and showed a distinction between the two. The crime was based on something that violated the law. Misdemeanor was based on behavior.
From the First Volume of his Commentaries, on page 118, is the first time Blackstone makes a clear distinction between crimes and misdemeanors:
“Wrongs also are divisible into, first, private wrongs, which, being an infringement merely of particular rights, concern individuals only, and are called civil injuries; and, secondly, public wrongs, which, being a breach of general and public rights, affect the whole community, and are called crimes and misdemeanors.”
A breach of public rights was not always criminal, since to commit a crime required a violation of a specific law.
From his Fourth Volume of his Commentaries, on page 5, there is even greater distinction between the two (U.S. spelling added for clarity -editor):
(Excerpt) Read more at americanthinker.com ...
bkmk
We fail because our punishment system failed
Accordingly, EVERY President is open to impeachment. None were perfect and none were blameless. It then becomes a case of misdemeanors (as the Founders intended) OR petty misdemeanors.
A petty misdemeanor would be to not disclose contents of diplomatic conversations.
Don’t hold your breath.
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