Antony Davies & James Harrigan: On impeachment, constitutional arguments just politics
President Trump will be impeached by the House of Representatives before the new year. Predictably, House Democrats have lined up in nearly universal assent that they have no choice but to impeach the president, and do so with heavy hearts. Their Republican counterparts, on the other hand, claim the Democrats are running a witch hunt, pure and simple. The whole nasty affair is complicated by the constitutional arguments being offered on both sides.
But as is so often the case, constitutional arguments are mere window dressing for political preferences. Democrats, were they to be honest with themselves and their constituents, have wanted to impeach Trump from roughly midnight of the last Election Day. Republicans, for their part, seem unable to admit that the head of their party has deep flaws that engender mistrust in the minds of nearly every rational observer of American politics. One need look no farther than the Keystone State for evidence.
Take Rep. Susan Wild, D-Lehigh Valley , for example, who recently said, “I did not come to Congress to impeach the president. I ran for office to bring down health care and prescription drug costs, raise wages, fix our trade agreements, rebuild our infrastructure, combat the opioid epidemic, and expand opportunity for my children and yours.”
And the cherry on top of this? “But my most important responsibility is to uphold my oath of office to defend and protect the Constitution.” Wild should take a look at her list of priorities through the lens of the Constitution. If she did, she would find no federal authority for at least four of the things she says she came to Washington to accomplish. Her claim of upholding her oath of office doesn’t pass the laugh test. She is out for political blood.
And where Democrats are political spears, Republicans are political shields. Rep. Fred Keller, R-Kreamer , contends that, “The articles of impeachment … are not fueled by any facts … but rather a fantastical hatred for the president.” He is joined in spirit by Rep. John Joyce, R-Hollidaysburg , who opined that, “in spite of this sham impeachment process, the American people have yet to see any ... evidence of wrongdoing.”
And this is where the truth of the matter is to be found. Impeachment is a constitutional and political process, not a criminal process. Leaving “high crimes and misdemeanors” undefined, the Constitution empowers the House of Representatives to impeach a president for any reason it deems appropriate. To argue the House cannot is to turn yet another blind eye to the Constitution.
To argue the House shouldn’t is a different matter entirely.
But whether the House Democrats should impeach the president is a call that ultimately falls to the American people. Politicians on both sides can add all the bluster they want to the proceedings, but they are risking backlash from their constituents come the next election.
Should the House impeach the president? House Democrats have decided the answer to that question is yes. But we will have to wait until Election Day to see whether that was the right answer.
Antony Davies is associate professor of economics at Duquesne University. James Harrigan is managing director of the Center for the Philosophy of Freedom at the University of Arizona. They host the weekly podcast, Words and Numbers.
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