Opinion | Impeachment Would Defend Congress Against Trump - The New York Times - 0 views
www.nytimes.com/...rump-impeachment-congress.html
US politics history crisis constitution impeachment
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If Congress declines to impeach and convict the president for his actions on Wednesday, its failure to act will weaken the basic structure of the Constitution.
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The key issue is this: One of the three branches of the federal government has just incited an armed attack against another branch
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Beyond the threat to a peaceful transition, the incident was a fundamental violation of the separation of powers.
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Prompted by the chief executive, supporters laid siege to, invaded, and occupied the Capitol building, deploying weapons and subjecting members of both chambers of Congress to intimidation and violence in an effort to produce a particular decision by force.
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We have all been taught about “checks and balances” in school. The Constitutional strategy for limiting power requires that officeholders defend the institutions they occupy against what the framers called “encroachments” by the other branches. Usually encroachments are understood metaphorically, and there is time to allow the branches to work out their differences in the back and forth of political negotiation and occasional court battles. The president’s attempted encroachment on the constitutional rights of Congress this past Wednesday was anything but metaphorical
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The president aimed to reverse the decision that Congress was making on a question that the Constitution expressly reserved for the legislature.
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At Wednesday’s rally, Mr. Trump gave some prepared remarks on the so-called evidence of election fraud, but he worried aloud that the crowd would be bored by those details. The more powerful thread running through his speech was an argument that constitutional constraints were forms of weakness, that Vice President Mike Pence and Congress should not be allowed to certify the election, and that it was time to take the gloves off and fight.
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If the cabinet and vice president decided to remove the president temporarily from his duties through the 25th Amendment, they would protect us against some immediate dangers, but their action would do nothing to stand up for the integrity of Congress as a coequal branch of government. In fact, it would reinforce the notion that true power is concentrated only in the executive branch. Impeachment and conviction offer the only constitutionally appropriate response to the president’s encroachment on the legislative branch.
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When James Madison described the checks and balances in Federalist No. 51, he wrote that “ambition must be made to counteract ambition” and that “the interest of the man must be connected with the constitutional rights of the place.” This means that members of Congress should feel that their personal interests and ambitions are intertwined with the power of the institution they occupy.
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Members who said they wanted to satisfy popular sentiment questioning the election results by channeling it through a congressional commission should see that the president’s actions have made a mockery of their procedural efforts. Their place in history depends on whether they counteract the president’s ambition and resist the humiliation of Congress in the way the constitutional framers assumed any self-respecting legislator would.
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Not so long ago, the Republican Party described itself as “the party of Lincoln” and flaunted its commitment to constitutionalism. Now, the question is whether enough Republican senators will do what is necessary to help the country step away from what Lincoln called the “mobocratic spirit,” which he identified as the greatest threat to our political institutions.
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If Congress does not utilize the constitutional means of defending itself and deterring future attacks, this moment will come to be regarded by historians as a decisive capitulation, not just to President Trump, but to a dangerous new mode of presidential action. The precedent that a president can stir up mobs to intimidate the other branches will be set, and even if it recedes into the background for a while, eventually that precedent will be followed.