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Impeachment? Not so fast

JAMESTOWN — On April 17 the League of Women Voters and members of the public at large heard Professor James Hurtgen speak at Moon Brook Country Club in Jamestown on the criteria for impeachment of a president. Professor Hurtgen’s main point was that impeachment should be set in motion with great caution and only for a narrow range of improper actions on the part of a president.

Records of discussions at the original Constitutional Convention show that our Founders struggled between establishing criteria that were too narrow to cover possible serious offenses and too broad to give the president the independence from Congress that his position as a third branch of government requires. Thus “treason” applies mainly to supporting an enemy nation with which we are at war and “crimes and high misdemeanors” refers to actions that seriously impair the operation of the government in contradiction to the Constitution. An immoral act the president may have committed – such as adultery – or even a personal crime – such as shop-lifting – is not a ground for impeachment. When a Congressional committee considered charging Richard Nixon with tax evasion, it decided that as a personal crime, that did not meet the Constitution’s criteria.

However, on the question of actions a person may have taken during a campaign that would have prevented his or her election as president if known, Professor Hurtgen gave it as his opinion that such an action might be considered grounds for impeachment even though not committed while the person was president, as undermining a free and transparent election process. There is some disagreement on this point among experts. In general, Professor Hurtgen holds that elections, not impeachment proceedings, should be used to remove a president of whom the public disapproves.

The meeting was well attended, despite the snow storm, and many important questions were asked. Professor Hurtgen’s clarity, fair-mindedness, and detailed knowledge were greatly appreciated.

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