the nature of impeachment: a narrowly channeled exception to the separation-of-powers maxim. the federal convention of 1787 said that. it limited impeachment to high crimes and misdemeanors and discounted and opposed the term "maladministration." "it is to be used only for great misdemeanors," so it was said in the north carolina ratification convention. and in the virginia ratification convention: "we do not trust our liberty to a particular branch. we need one branch to check the other."
"no one need be afraid" -- the north carolina ratification convention -- "no one need be afraid that officers who commit oppression will pass with immunity." "prosecutions of impeachments will seldom fail to agitate the passions of the whole community," said hamilton in the federalist papers, number 65. "we divide into parties more or less friendly or inimical to the accused."³ i do not mean political parties in that sense.
the drawing of political lines goes to the motivation behind impeachment; but impeachment must proceed within the confines of the constitutional term "high crime[s] and misdemeanors." of the impeachment process, it was woodrow wilson who said that "nothing short of the grossest offenses against the plain law of the land will suffice to give them speed and effectiveness. indignation so great as to overgrow party interest may secure a conviction; but nothing else can."
common sense would be revolted if we engaged upon this process for petty reasons. congress has a lot to do: appropriations, tax reform, health insurance, campaign finance reform, housing, environmental protection, energy sufficiency, mass transportation. pettiness cannot be allowed to stand in the face of such overwhelming problems. so today we are not being petty. we are trying to be big, because the task we have before us is a big one.
this morning, in a discussion of the evidence, we were told that the evidence which purports to support the allegations of misuse of the cia by the president is thin. we're told that that evidence is insufficient. what that recital of the evidence this morning did not include is what the president did know on june the 23rd, 1972.
the president did know that it was republican money, that it was money from the committee for the re-election of the president, which was found in the possession of one of the burglars arrested on june the 17th. what the president did know on the 23rd of june was the prior activities of e. howard hunt, which included his participation in the break-in of daniel ellsberg's psychiatrist, which included howard hunt's participation in the dita beard itt affair, which included howard hunt's fabrication of cables designed to discredit the kennedy administration.
we were further cautioned today that perhaps these proceedings ought to be delayed because certainly there would be new evidence forthcoming from the president of the united states. there has not even been an obfuscated indication that this committee would receive any additional materials from the president. the committee subpoena is outstanding, and if the president wants to supply that material, the committee sits here. the fact is that on yesterday, the american people waited with great anxiety for eight hours, not knowing whether their president would obey an order of the supreme court of the united states.
at this point, i would like to juxtapose a few of the impeachment criteria with some of the actions the president has engaged in. impeachment criteria: james madison, from the virginia ratification convention. "if the president be connected in any suspicious manner with any person and there be grounds to believe that he will shelter him, he may be impeached."
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