Started By
Message
locked post

Thanks founding Fathers, Not!

Posted on 1/28/20 at 6:53 am
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22708 posts
Posted on 1/28/20 at 6:53 am
The Constitution limits grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors".[4] The precise meaning of the phrase "high Crimes and Misdemeanors" is not defined in the Constitution itself.

This wording from the constitution is what has us in the mess we are in. So high crimes are not really defined nor are the misdemeanors. And now with the twits in the House a President can impeached for about anything. Those bastards got most of it right but got this wrong!
Posted by Knight of Old
New Hampshire
Member since Jul 2007
12597 posts
Posted on 1/28/20 at 6:54 am to
Take a class with the Dersh and you will understand...
Posted by ApexTiger
cary nc
Member since Oct 2003
56176 posts
Posted on 1/28/20 at 6:56 am to
quote:

Take a class with the Dersh and you will understand...


He put on a clinic last night...

Illustrated the difference between sin and a crime
Posted by TigerMuskyFanMinneso
Boonies, MN
Member since Sep 2019
759 posts
Posted on 1/28/20 at 7:14 am to
Please listen to Dershowitz' presentation yesterday where he completely explains the Founders' thinking and reasoning and their intent. Brilliantly done and pointing out why and what items were eliminated as grounds for impeachment.

so long as we have Originalists on the court, we are safe.....

This post was edited on 1/28/20 at 7:15 am
Posted by BurningHeart
Member since Jan 2017
9964 posts
Posted on 1/28/20 at 7:17 am to
The entire Congress could be impeached on far worse acts they've committed while in office of bribery and collusion.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19849 posts
Posted on 1/28/20 at 7:18 am to
A misdemeanor is a violation of a criminal statute the potential jail sentence of which is less than one year.

Given that, one would assume a High Crime would equate to a felony. Which is any violation punishable by more than one year in jail.

Neither of these are what the President did.
Posted by tide06
Member since Oct 2011
20560 posts
Posted on 1/28/20 at 7:20 am to
(no message)
This post was edited on 1/17/21 at 9:02 am
Posted by CelticDog
Member since Apr 2015
42867 posts
Posted on 1/28/20 at 7:24 am to
quote:

Neither of these are what the President did.


or you can say it was more like treason than a misdemeanor.

Holding congressionally allocated funds that were intended to be used in.the armed conflict between russia and ukraine.

Undermined congressional foreign policy solely to get propaganda against biden, who was leading all candidates in the then current polling.

Posted by Ag Zwin
Member since Mar 2016
25395 posts
Posted on 1/28/20 at 7:24 am to
One of the rare cases where the FF’s left room for the discretion and judgment of the elected leaders.

And a clear example of why they generally avoided doing that.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19849 posts
Posted on 1/28/20 at 7:28 am to
quote:

or you can say it was more like treason than a misdemeanor.


LoL. Well then the Democrats certainly could have charged him with Treason. It is one of the defined acts that allows for impeachment. They didn’t because he clearly didn’t do that either. Your post really makes zero sense.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
84815 posts
Posted on 1/28/20 at 7:30 am to
quote:


or you can say it was more like treason than a misdemeanor.

Holding congressionally allocated funds that were intended to be used in.the armed conflict between russia and ukraine.

Undermined congressional foreign policy solely to get propaganda against biden, who was leading all candidates in the then current polling.
Never go full Rextard.
Posted by bird35
Georgia
Member since Sep 2012
13425 posts
Posted on 1/28/20 at 7:33 am to
The founding fathers knew they were establishing a short term Republic.

I think they would be surprised it has lasted so long.

What they expected was every few generations the Government would overstep its bounds and begin to restrict the liberty of the citizens. The freedom loving citizens would then spill enough blood to retake control of the Government limiting the power of the Federal Government and resetting the clock until it all had to happen again.



Posted by Mr. McStinkington
Member since Apr 2013
192 posts
Posted on 1/28/20 at 7:34 am to
If Trump's intent was to smear or eliminate Biden, why wouldn't he wait until Biden actually won the nomination to do this?
At this particular point in time, he gains nothing politically by taking this route.

Have you factored this into your conclusion?
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
21116 posts
Posted on 1/28/20 at 7:35 am to
quote:

Your post really makes zero sense.


Sky screaming retards rarely, if ever, make sense.
Posted by Centinel
Idaho
Member since Sep 2016
44298 posts
Posted on 1/28/20 at 7:36 am to
quote:

Undermined congressional foreign policy


Congress doesn't set foreign policy you jackass.


Posted by udtiger
Over your left shoulder
Member since Nov 2006
112662 posts
Posted on 1/28/20 at 7:36 am to
quote:

This wording from the constitution is what has us in the mess we are in.


No. It doesn't.

There is a substantial body of contemporaneous evidence and scholarly study as to what this means (and doesn't mean).
Posted by Indefatigable
Member since Jan 2019
35771 posts
Posted on 1/28/20 at 7:40 am to
quote:

And now with the twits in the House a President can impeached for about anything.


This has always been the case. There has not been a impeachment of a President in this country that wasn’t rooted in partisan hackery.

The previous two backfired and so will this one.
Posted by Walkthedawg
Dawg Pound
Member since Oct 2012
11466 posts
Posted on 1/28/20 at 7:40 am to
quote:

or you can say it was more like treason than a misdemeanor.


or whatever the dims decide it means on any given day. The dims do like to change the meaning of words and their propaganda arm follows in line.
Posted by Wednesday
Member since Aug 2017
16983 posts
Posted on 1/28/20 at 7:41 am to
quote:

Illustrated the difference between sin and a crime


So genius that line

From a legal nerd perspective, one thing I hadn’t considered in listening to him before and reading everything he wrote on the topic - was his argument that we ended common law crimes in this country like 200 yrs ago.

At the time the Const was written “high crimes and misdemeanors” were a creature of common law/common understanding. You could be convicted of something that wasn’t defined by a statute. It could be a “we know it when we see it” kind of thing.

After a SCOTUS case sometime in the 1800s the concept of common law crimes was ruled unconstitutional. (I haven’t read the case but I would bet it was decided on a due process basis (notice and opportunity to be heard). You can’t have notice of a law that’s not written down but “in the bosom of each congressman” (as whoever that Senator Dersh quoted said).

He’s absolutely right. The crime would have to be defined by some statute to meet the legal definition of a crime under our constitution- even if the person wouldn’t be able to be convicted of it to constitute a “high crime and misdemeanor.” Examples he gave - statute of limitations; committed the act outside of jurisdiction of charging authorities.

We punish actions, that are defined as illegal, not thoughts in this country.

The man is a freaking genius and it’s the only time I’ve ever been sad that I didn’t go to Harvard. He’s a patriot and a credit to his profession.

OP should definitely pull up his presentation on YouTube and watch it. That shite will be studied by fledgling 1Ls for years to come. It was THAT monumental to our law.
This post was edited on 1/28/20 at 7:42 am
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
48088 posts
Posted on 1/28/20 at 7:51 am to
quote:

The precise meaning of the phrase "high Crimes and Misdemeanors" is not defined in the Constitution itself.


As Dersowich told us last night = at the time the constitution was written, there were no crimes defined. No legislature had ever sat to determine what the law is.

They were using commonly known terminology derived from common law concepts.

Treason and Bribery were known to be a HIGH CRIME (and they actually defined the meaning of 'treason) and they were confident that would be enacted (and defined) by subsequent legislation.

In anticipation of there being other similar abuses, they included OTHER 'high cirimes and misdealers"

Dirschowitx went into the reason the word 'misdemeanor' was used to augment "crimes" - due to common understanding of the terms at the time. The Founders certainly didn't want to include a parking meter fine as worthy of impeachment.

The "other" qualifier merely means = 'offenses as weighty as Treason and Bribery

at least that is what I got our of Derschowitz' presentation.
This post was edited on 1/28/20 at 7:54 am
first pageprev pagePage 1 of 3Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram