Friday, May 13, 2016

Maladministration by the Obama Administration

By Douglas V. Gibbs

An attendee of one of my Constitution Classes asked in an email, "Can congress/house (can loyal Republicans and Democratics who are spiritually endowed) bring impeachment based on maleficence in office namely. Consisting of lying to public and breach of public morals and a shock to the majority public moral sensibility/conscious. While there are countless other offenses these are ones I am concerned with. If we use immigration and others I am afraid we loss support of majority who may differ. The below I think will go with 90% of the voting public and are a shock to the sensibility and morals of the vast majority of US Citizens.

1. Moral Turpidude: against public opinion Transgender bathrooms which are against the laws of many states
2. Direct of admission of lying to american public about Obama Care and Iran treaty
3. Killing of US citizens without trial when they travel over seas under his assumed grant of presidential authority (see below after meaning article ) This act is in direct defiance of the Constitution and stated case law.
4. Telling US military they are to honor customs of other counties on US basis as in Afghanistan when Pedophilia and imprisonment of young boys

My Response:


Let's go back to original language. High crimes and misdemeanors are not crimes and misdemeanors that are worse than normal, but crimes and misdemeanors committed by those holding high office. Second, George Mason originally argued that the word misdemeanors should actually be "maladministration," but Madison believed it to be too broad of a term. But, with the word "maladministration" in mind, one could consider that impeachment, for example, was not only possible in cases of treason or bribery, but by actually not properly carrying out the responsibilities their office called for.

High Crimes and Misdemeanors was meant to, in addition to criminal acts, cover misconduct of public men, abuse or violation of the public trust, and actions meant to subvert the Constitution since it is the Law of the Land.

Now, let's return to your question. Congress "can" go after those who act in a manner you call "malfeasance."  The question isn't if Congress can, but if they "will."  I would say each and every offense on your list is a reasonable grievance, and our government is guilty of multiple counts of maladministration as a result. The question is, does our Congress have the intestinal fortitude to carry out the actions necessary to resolve the problem, and hold violators responsible? Do they even know that they have that authority? Or, are they too fearful to take action? Or, are they complicit?

Ultimately, if the heart and soul of our representatives, and our society, is not virtuous, how can we recognize such offenses are even offenses against the rule of law? Our leaders, and many of the folks in the voting public, have scales over their eyes. They are incapable of realizing that they are acting in a manner outside constitutional authority, as well as outside the moral compass of a virtuous society. Until we get our morals back where they belong, and act like a godly society, we are going to struggle with restoring the U.S. Constitution - which includes holding our government accountable.

As Benjamin Franklin said, "Only a virtuous people are capable of freedom."

-- Political Pistachio Conservative News and Commentary

Doug is an author of a number of books regarding the United States Constitution.

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