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U.S. Constitution
See other U.S. Constitution Articles

Title: House Judiciary Committee Majority Report on Constitutional Grounds for Presidential Impeachment (Dec 2019)
Source: House Judiciary Committee
URL Source: https://www.scribd.com/document/438 ... sidential-Impeachment-Dec-2019
Published: Dec 7, 2019
Author: Judiciary Committee Staff
Post Date: 2019-12-07 21:08:07 by nolu chan
Keywords: None
Views: 3996
Comments: 20

House Judiciary Committee Majority Report on Constitutional Grounds for Presidential Impeachment (Dec 2019)

The Foreward by Mr. Nadler contains the following disclaimer:

The views and conclusions contained in the report are staff views and do not necessarily reflect those of the Committee on the Judiciary or any of its members.

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Majority Report at 21-22:

With the benefit of hindsight, the House's decision to impeach President Johnson is best understood in a similar frame. Scholars now largely agree that President Johnson's impeachment was motivated not by violations of the Tenure of Office Act, but on his illegitimate use of power to undermine Reconstruction and subordinate African-Americans following the Civil War. In that period, fundamental questions about the nature and future of the Union stood unanswered. Congress therefore passed a series of laws to “reconstruct the former Confederate states into political entities in which black Americans enjoyed constitutional protections.” This program, however, faced an unyielding enemy in President Johnson, who declared that “white men alone must manage the south.” Convinced that political control by African-Americans would cause a “relapse into barbarism,” President Johnson vetoed civil rights laws; when Congress overrode him, he refused to enforce those laws. The results were disastrous. As Annette Gordon-Reed writes, “it would be impossible to exaggerate how devastating it was to have a man who affirmatively hated black people in charge of the program that was designed to settle the terms of their existence in post-Civil War America.” Congress tried to compromise with the President, but to no avail. A majority of the House finally determined that President Johnson posed a clear and present danger to the Nation if allowed to remain in office.

Rather than directly target President Johnson's faithless execution of the laws, and his illegitimate motives in wielding power, the House resorted to charges based on the Tenure of Office Act. But in reality, “the shaky claims prosecuted by [the House] obscured a far more compelling basis for removal: that Johnson's virulent use of executive power to sabotage Reconstruction posed a mortal threat to the nation—and to civil and political rights—as reconstituted after the Civil War ... [T]he country was in the throes of a second founding. Yet Johnson abused the powers of his office and violated the Constitution to preserve institutions and practices that had nearly killed the Union. He could not be allowed to salt the earth as the Republic made itself anew.” Viewed from that perspective, the case for impeaching President Johnson rested on his use of power with illegitimate motives.

Viewed from the perspective of reality, the radical nutbags of that time viewed Andrew Johnson's motives as illegitimate and not in accord with their personal desires, but they did not attempt to impeach upon alleged improper motives because they recognized that alleged improper motives to act legally was not an impeachable offense.

nolu chan  posted on  2019-12-08   12:35:36 ET  Reply   Untrace   Trace   Private Reply  


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