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Impeachable Offenses?

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

Impeachable Offenses?

Tag Archives: shutdown

The Social More-ing of the Executive and Legislative Branches

27 Saturday Oct 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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after the trump era, Congress, constitutional standard, DACA, Deferred Action for Childhood Arrivals, donald trump, georgetown journal, hyperpartisan, immoral, impeach, neil s. siegel, president, shutdown, trump

Is there a constitutional defense against members of the Executive and Legislative branches that act not illegally, but immorally? Constitutional scholars have recognized this possibility for judges, but would leave it to the political process to take care of the rest of the branches. Neil S. Siegel, in his article After the Trump Era: A Constitutional Role Morality for Presidents and Members of Congress,  published in the Georgetown Law Journal in its October, 2018 Edition, argues that the moral constitutional standard applied to judges should be extended to presidents and congressmen as well. Here is an excerpt from his article:

Meanwhile, the federal government itself is becoming even more dysfunctional as elected officials increasingly disregard norms that previously constrained partisan competition; more often than not, elected officials are unable to cooperate across party lines to execute the basic responsibilities of the federal government. Examples abound. The confirmation process for Supreme Court Justices has become a hyperpartisan, destructive race to the normative bottom. A Republican Senate approved highly consequential tax legislation without any Democratic input or even a single hearing, let alone the traditional process of “multiple congressional hearings, proposed statutory language and detailed reports from the tax-writing committees, all prepared well in advance of any vote” and “with the assistance of [Joint Committee on Taxation] staff and with the input of Treasury Department experts.” In addition, Republican President Donald J. Trump routinely flouts norms and conventions of proper governmental behavior that previously constrained presidents of both parties. The Democrats, for their part, held up urgent funding legislation in order to extract a deal that would offer a path to citizenship to beneficiaries of the program known as Deferred Action for Childhood Arrivals (DACA); a shutdown of the federal government ensued. Three characteristics of the problems discussed above stand out. First, they mostly implicate the convictions and conduct of the public and the political branches, not the courts. Second, they concern mindsets and behavior that, although troubling, are not potentially unconstitutional or otherwise illegal. Third, that behavior, even where not potentially unconstitutional or otherwise illegal, raises concerns that are properly denominated constitutional in the broad sense that they appear to call into question the long-term health of the American constitutional system.

000_HZ8ZT-e1478828415397.jpgAFP/Nicholas Kamm

 

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Is Another Shutdown Coming?

07 Wednesday Feb 2018

Posted by crosbysamuel in Articles, Uncategorized

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2018, gangs, immigration, impeach, midterms, MS-13, Politics, politics of impeachment, shutdown, trump

The Government passed a stop-gap bill to prevent another government shutdown today; however during bipartisan negotiations Trump said that he would “love to see a shutdown,” if the parties could not come to an agreement over immigration. The comment took place during talks about the MS-13, an international gang. Trump complained that “Democrats don’t want safety.”

It’s a possibility that President Trump was bluffing to achieve greater bargaining strength in the immigration debate. However, if the parties are unable to come to an agreement over immigration, and a government shutdown resulted, it seems likely that Trump would get the brunt of the blame. The majority of people blamed President Trump and Republican Senators for the last shutdown. If another shutdown occured, it could mean a windfall for Democrats in the 2018 midterm elections.

donaldtrump.jpgEric Thayer/Reuters

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The Merits of a Strategic Shutdown

16 Tuesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

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2018, dreamer, Election, immigration, Impeachment, midterm, Politics, president, racist, shithole, shutdown, trump, wall

If Congress is unable to pass a spending bill by this Friday at midnight, the government will shutdown for the first time since 2013. With elections looming in 2018 and presidential elections in 2020, Parties and the President must decide whether it would be better to allow a government shutdown then to cede their policy concerns. The spending bill is currently stalled over immigration issues. A bipartisan proposal was recently rejected by President Trump, who wanted stronger restrictions on immigration and more funding for his border wall. The Democrats meanwhile are unwilling to cede on certain immigration issues, such as an easier path to citizenship for the dreamers. So the question is then, if the current stalemate were to result in a government shutdown, which party would it reflect poorly on?

President Trump recently tweeted that “the Democrats want to shut down the Government over Amnesty for all and Border Security.” Meanwhile, Democrats are claiming that the President is racist, citing his “shithole” comment. In 2013, both parties tried to blame the other for the government shutdown. Therefore, it is possible that no party will look good in light of a government shutdown. But the President might: Trump has tweeted before that the government needs a good shutdown, and indeed, the comment is in line with the anti-government rhetoric upon which he ran. It may be that the Republican party will be harmed by a government shutdown, however if Trump comes out unharmed, it won’t matter.

ap18009641510185.jpgAssociated Press/Evan Vucci

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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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