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kentuck

(111,110 posts)
Sat Jan 18, 2020, 09:49 AM Jan 2020

The origins of "Abuse of Power"

Bold emphasis is my own:

From the Constitutional Rights Foundation
-----------

<snip>
To better understand the meaning of the phrase, it’s important to examine how the framers of the Constitution came to adopt it. At the Constitutional Convention in 1787, the framers wanted to create a stronger central government than what existed under the Articles of Confederation. Adopted following the American Revolution, the Articles of Confederation provided for a loose organization of the states. The framers wanted a stronger federal government, but not one too strong. To achieve the right balance, the framers divided the powers of the new government into three branches—the executive, legislative, and judicial. This is known as the separation of powers. They also gave each branch ways to check the power of the other branches. For example, although Congress (the legislative branch) makes laws, the president (the executive) can veto proposed laws. This complex system is known as checks and balances.

Impeachment of judges and executive officials by Congress was one of the checks proposed at the Constitutional Convention. The impeachment of judges drew widespread support, because federal judges would hold lifetime appointments and needed some check on their power. But some framers opposed impeachment of executive officials, arguing that the president’s power could be checked every four years by elections.

James Madison of Virginia successfully argued that an election every four years did not provide enough of a check on a president who was incapacitated or abusing the power of the office. He contended that “loss of capacity, or corruption . . . might be fatal to the republic” if the president could not be removed until the next election.

<snip>
Mason abandoned “maladministration” and proposed “high crimes and misdemeanors against the state.” The convention adopted Mason’s proposal, but dropped “against the state.” The final version, which appears in the Constitution, stated: “The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.”


https://www.crf-usa.org/impeachment/high-crimes-and-misdemeanors.html

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TruckFump

(5,812 posts)
1. I suggest Dershowitz go back to law school and...
Sat Jan 18, 2020, 09:57 AM
Jan 2020

...take Con Law again. He is less than clueless on the issue of abuse of power viz the impeachment of POTUS.

kentuck

(111,110 posts)
10. Abuse of power is further defined just as "high crimes and misdemeanors"...
Mon Jan 20, 2020, 01:15 PM
Jan 2020

...is further defined in the Articles.

Abuse of power is defined in the charges as bribery or extortion and campaign violations, by attempting to get a foreign country involved in our elections. Those are "crimes" and I'm sure there are other laws that have been broken, although that is not a requirement for impeachment.

underpants

(182,962 posts)
2. Well... Trump hasn't lost a ship yet but he checks off several of these
Sat Jan 18, 2020, 09:57 AM
Jan 2020

The convention adopted “high crimes and misdemeanors” with little discussion. Most of the framers knew the phrase well. Since 1386, the English parliament had used “high crimes and misdemeanors” as one of the grounds to impeach officials of the crown. Officials accused of “high crimes and misdemeanors” were accused of offenses as varied as misappropriating government funds, appointing unfit subordinates, not prosecuting cases, not spending money allocated by Parliament, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, losing a ship by neglecting to moor it, helping “suppress petitions to the King to call a Parliament,” granting warrants without cause, and bribery. Some of these charges were crimes. Others were not. The one common denominator in all these accusations was that the official had somehow abused the power of his office and was unfit to serve.

MerryBlooms

(11,773 posts)
7. rec. I saw a headline recently about $500 mil
Sat Jan 18, 2020, 10:29 AM
Jan 2020

in military support/arms (either or combo) unaccounted for/disappeared from Yemen. Does that count? Who knows how many billions will show up unaccounted for by the time we get this mob family out of our government.

N_E_1 for Tennis

(9,789 posts)
5. They know exactly what the Constitution says and means...
Sat Jan 18, 2020, 10:18 AM
Jan 2020

They spout that bull because they know the average citizen will not go through the trouble of researching if they are correct.
Not to disparage anyone but even here how many times has it been obvious that a quick Google search would of corrected the observation of the person. All the information is out there people just don’t ask.
They are going to take advantage of that human flaw and pound inaccuracies into susceptible minds.

warmfeet

(3,321 posts)
8. Indeed.
Sat Jan 18, 2020, 10:52 AM
Jan 2020

Abuse of power, in the context of a sitting POTUS, is a high crime. Alan Dershowitz is not confused or mistaken - he is flat out lying.

kentuck

(111,110 posts)
9. The Constitution says:
Sat Jan 18, 2020, 12:50 PM
Jan 2020

"...treason, bribery, or other high crimes and misdemeanors."

So, now that we have determined who they are, the only thing left to negotiate is the price.

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