Book review: The Center for Constitutional Rights' Articles of Impeachment Against George W. Bush

Speaking about impeachment, one of the framers of the Constitution, James Iredell, stated, "The President must certainly be punishable for giving false information to the Senate." And that is precisely what President Bush has done, and more. He has lied to the American people and the Congress as to the basis of the war with Iraq. He has involved the United States and its people in a devastating war that has killed thousands and cost billions. By doing so he has subverted the will of Congress, which alone has the right to declare war, and coerced them into doing so by falsities. He has undermined democracy by painting a false picture of the reasons for war to the American people. He has broken the law, both by committing a fraud on the American people, and by violating the fundamental legal precept prohibiting aggressive wars. He has attempted to end the system upon which our country was founded: that the president is a creature of the Constitution and law and has limited powers that are checked and balanced by the other branches. By issuing false statements and lying to Congress and the American people, he has induced Congress and the American people to enter into a war to which the people may not have consented had the true facts been known to them. By doing so, he has subverted the powers of the Congress that are meant to check presidential powers. He has undermined our republican form of government. He has violated the public trust and overstepped the bounds of his office. For these reasons, George W. Bush must be impeached.

The above is from Articles of Impeachment Against George W. Bush which was just put out by the Center for Constitutional Rights (pp. 55-56). The book is 93 pages (plus appendices). Brief and to the point, the book makes a powerful case for impeachment structured so that four articles of impeachment are presented against the Bully Boy.

As the appendix entitled "A Note On Procedure" reminds, impeachment is not removal from office or conviction. Impeachment is brought by the House. If articles of impeachment pass the House, a trial is then held in the Senate (with the House arguing their case) . Should the Senate find that the Houses charges are correct, they could then remove the Bully Boy from office. (Also note that the vice-president is an office that can be impeached and tried as well.) Removal from office carries with it only the punishment of not being able to hold an office in the future.
However, criminal charges can be brought in a criminal court. This is equally true after a president completes a term and returns to private life. The articles of impeachment for Richard Nixon and Bill Clinton are included in the appenices -- Nixon had three articles of impeachment and Clinton had two. Andrew Johnson had eleven articles of impeachment.

There is a feeling by some that the Bully Boy could not be impeached because we are at "war."
(Some mean what's going on with the occupation of Iraq; others mean the never ending so-called war on terror.) This issue was raised before Matthew Rothschild on KPFA's The Morning Show last Tuesday and is also addressed in the book. From page 103:

"Guilt wherever found ought to be punished," said Edmund Randolph, governor of Virginia and delegate to the Constitutional Convention. His remarks, made on July 20, 1787, were in support of including provisions for impeachment in the U.S. Constitution. "The Executive will have great opportunity for abusing his power; particularly in time of war when the military force, and in some respects the public money will be in his hands. Should no regular punishment be provided, it will be irregularly inflicted by tulmults and insurrection."
Most in attendance at the Convention had a similar passion for including provisions for impeachment in the Constitution. Having broken free from the monarchy, the framers wanted a way to ensure that the people would never again fall prey to the whims of absolute power. If the United States was to be governed by the people, they argued, impeachment must be included in the Constitution as a way to keep those in power true to their word to uphold the people's will.

Having dispensed with a get-out-of-impeachment-by-war-mongering card, what about the case itself? The Center for Constitutional Rights makes a powerful case. Reading the book, you'll wonder not if articles of impeachment could be brought against the Bully Boy but, instead, why Congress refuses to live up to its obligations?

It is not just that Bully Boy has lied us into war, has authorized warrantless (illegal) spying on Americans, attempted to bypass Congress (as he already has the judiciary by ignoring the FISA court) via "signing statements" which allow him to sign a a Congressional act into law while also (he hopes) giving him wiggle room to not follow it (the signing statement for the Torture Ban is a perfect example), but it can include this general pattern to subvert the Constitution and the other two co-equal branches of the government.

The much touted "unitary executive" myth is an example of that pattern of subversion. This argues that the Bully Boy can decide, via signing statements, which parts of an enacted law he will follow and which he won't; it also argues that the Bully Boy is bound by no laws or treaties in a time of "war." (For more on the "unitary executive" belief, click here.) This goes to pattern, a pattern of disdain with which the Constitution, the Congress and the judiciary are ignored and treated as though they possess far less powers than the Constitution grants them.

When the Bully Boy attempts to maintain that he didn't break the FISA laws, he may be again resorting to the belief of unitary executive: "The only way the administration could claim FISA does not apply is to challenge the power of Congress to create any such restriction on the president's information gathering powers -- essentially to argue that the president has inherent powers in this area that Congress lack authority to limit" (page 31).

Articles of Impeachment Against George W. Bush is a conversation starter. It will lead to discussions about the current health of the country, among other topics. We've also found that just reading it in public leads to discussions with those who haven't read it. It can be ordered online via the link provided with the title, also via BuzzFlash which is offering it as a premium. You can also pick it up in bookstores (if you're bookstore doesn't carry it, you can special order it through them). Hopefully, you'll also be able to find it in your local library. (We intend to donate our copies to our libraries as soon as they work their way back to us from friends who are currently reading them.) It's a book you should know of and, ideally, one you should read as well.