Two Party System

 

Two Party System ~ Failed?

 
 

Two Party System FailedPolitical Party ~ Two Party System Failed?
Government Based on the Original United States Constitution
~ Proposed and Submitted by Johnnie Johnson
July 11, 2011

THE HOUSE MUST MAKE BETTER USE OF IMPEACHMENT TO CONTROL GOVERNMENT.

Another function that belongs only to the House of Representatives is the power of Impeachment. (Art.I Sec.2 Par 5) This authority extends to bring impeachment charges against the President, Vice President and all civil Officers of the United States (Article II Sec 4) which includes Judges, both of the supreme and inferior Courts,(Article III Sec 1). Our Representatives are under obligation to proceed against these individuals when their conduct is unbecoming their office, upon commission of Misdemeanors and above. (“minor wrongs against public rights are called misdemeanors” Webtser’s 1828 Dictionary)

Definition of civil officer from Blacks Law Dictionary, revised fourth edition; “Civil officer. The word ’civil,’ as regards civil officers, is commonly used to distinguish those officers who are in public service but not of the military… Hence, any officer of the United States who holds his appointment under the national government, whether his duties are executive or judicial, in the highest or the lowest departments of the government, …”

Most Americans feel that sitting on the Supreme Court, and inferior (federal) courts, (which are spread through out the U.S. and over which there are more than 489 judges) is absolutely a lifetime position for these judges, and it can be, but only upon “good Behavior” (Article III Sec.1). A determination to legislate from the bench, is contrary to the separation of powers. Failure to uphold the Constitution, and their oath of office, which if their conduct brings about even “minor wrongs against public rights” can bring upon these judges impeachment from the House of Representatives. The qualification “upon good Behavior” the founders set, was not legal jargon for attorneys, but an evaluation any American can make. Citizens are recognized as having the ability, and are directed to make judgment calls as evidenced in the constitution, ‘The Trial of all crimes, except in Cases of Impeachment; shall be by Jury.’ This is judgment by their fellow citizens. (Art III Sec.2 Par3) Surely then our Representatives can exercise judgment on ‘good Behavior’ to protect us through Impeachment, against judicial officers that have lost that sense of ‘good Behavior’.

W. Cleon Skousen, from The Making of America pg.284-285 said,
“Historically, the threat of impeachment has not been as effective as the Founders had hoped, mainly because it has been seldom used.
One Judge was impeached and removed for drunkenness, another for disloyalty during the Civil War, and a third for conduct unbecoming a judge. … President Nixon is the only President who has resigned under threat of impeachment.”

Continuing he quotes Iredell: “Vesting the power of impeachment in the House of Representatives, is one of the greatest securities for a due execution of all public officers. Every government requires it. Every man ought to be amenable for his conduct, and there are no persons so proper to complain of the public officers as the representatives of the people at large. The representatives of the people know the feelings of the people at large, and will be ready enough to make complaints…It will be not only the means of punishing misconduct, but it will prevent misconduct.” 

 

Impeachment, a political action: Impeachment against any U.S. civil Officer, will be pursued as an in House criminal court action without a jury. (Article III Sec.2 Par. 3) The action is recognized strictly as a political action, determining if a particular person, under his misconduct, should continue in a particular government position. The people, through their representatives, have the right to remove any officer that they recognize is not protecting or is even in a minor way infringing upon their public rights. Impeachment is used to remove a person from their official capacity in government. (Article I Sec.3, Par.7) The House has the “sole Power of Impeachment” (Article I Sec.2.Par.5), and the power to make their own rules on how to proceed on impeachment actions. (Article I Sec.5 Par.2) Upon Impeachment, the action is sent to the Senate, (Article 1Sec.3.Par.6) which has the sole power to try the impeachment. The founders felt so strongly of the people’s right in exercising this power, that they prohibited even the President of the United States from nullifying any impeachment action. (Article 2 Sec.2 Par.1)  Further court action may be pursued thereafter in a proper court of law, if there has been lawful misconduct to warrant it.

Isaac Backus, a Massachusetts delegate said of impeachment, “…And in the Constitution now proposed to us, a power is reserved to the people constitutionally to reduce every officer again to a private station; and what a guard is this against their invasion of others’ rights, or abusing of their power! Such a door is now opened for the establishment of righteous government, and for securing equal liberty, as never was before opened to any people upon earth.”

This power of impeachment, allows the people anywhere in the United States, to have only those Civil Officers that honor their oath and abide within the constitutional laws of the land, to be at their service. This constitutional responsibility of the People’s Representatives is used to help maintain the integrity of Civil Officers and keep the confidence of the people in their government.

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