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Impeachable Offenses?

~ Examining the Case for Removal of the 45th President of the United States

Impeachable Offenses?

Tag Archives: power

The National Emergency; He’s Done It

16 Saturday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

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abuse, border wall, Congress, constitutionality, Democrats, Frank Bowman, immigration, impeach, impeachability, Impeachment, invasion, national emergency, national emergency act, power, president, president donald trump, Republicans, senators

President Trump has declared a national emergency to help fund the construction of his border-wall between the United States and Mexico. The move could potentially increase funds from the $1.35 billion authorized by Congress to $8 billion, in part borrowed from Defense spending. Trump has simultaneously categorized the emergency as necessitated by the “invasion” from the south and admitted that he just wants to get the job done faster. Mixed signals such as these, as well as the general nature of what has been dubbed the President’s “vanity project,” have caused many to label Trump’s action as an abuse of his authority.

Professor Frank Bowman previously considered and wrote about the impeachability of Trump in light of such a flagrant declaration of national emergency. His post should be read in full and can be found here. However, to borrow from his conclusion, he wrote that whether such an action is impeachable depends in part on signals of its unconstitutionality. These signals can come in two forms: 1)  a majority vote in both houses of Congress to undermine Trump’s declaration; and 2) a decision by the Supreme Court that Trump’s action is unconstitutional.

Though both high hurdles, neither signal is impossible. It should be noted that several Republican Senators and Representatives have already spoken out against Trump’s declaration. Additionally, the first suit to challenge the constitutionality of the decision has already been filed by Public Citizen.

donald-trump-ap-01-jpo-190215_hpMain_16x9_992.jpgSusan Walsh/AP

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Limiting the Removal Power

28 Monday May 2018

Posted by crosbysamuel in Articles, Uncategorized

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appointment, Comey, Congress, director, FBI, hamlin, impeachable offenses, Impeachment, limit, power, removal, trump

Qualified Tenure: Presidential Removal of the FBI Director is an article written by Leah A. Hamlin which was published in the Ohio Northern University Law Review. It addresses the question of whether the President’s power to remove an FBI director is limited by the 10-year term instituted by Congress, and whether it may, constitutionally, be further limited by Congress. Hamlin ultimately concludes:

that the ten-year term does not limit the president’s ability to remove the director at will, and that, given the importance of the FBI director to the effective functioning of a unitary executive, Congress may not limit the president’s removal power without infringing on the separation of powers limits laid out in case law.

This question is especially significant, of course, in light of the firing of James Comey which was met with such outrage, and which some believe could constitute obstruction of justice.  Though Hamlin concludes that Congress cannot not interfere with the President’s removal power, it is doubtful that her conclusion would extend so far as to suggest that Congress could not wield its impeachment power in wake of a removal which constitutes a high crime or misdemeanor.

gettyimages-694398560.jpgThe Washington Post/Getty Images

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Frank O. Bowman, III


Floyd R. Gibson Missouri Endowed Professor of Law
University of Missouri School of Law

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