Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

marylandblue

(12,344 posts)
19. "high crimes and misdemeanors" is a term of art from the British Parliament
Tue Apr 23, 2019, 01:21 AM
Apr 2019

They used that specific phrase when impeaching royal officers. They could impeach for whatever they wanted, whether it was an actual crime or not. They impeached one person for breaking a promise to Parliament. They impeached the Attorney General for failing to complete prosecutions. The whole point of impeachments was to do it in a political rather than judicial context, at Parliament's discretion, not because the law required it.

The main difference between British impeachment and ours is that our impeachment can only lead to removal from office, but Parliament could impose criminal penalties as well. The founders wanted political judgement to control removal from office but wanted the courts to control actual legal violations and criminal penalties.

One or the other of these: elleng Apr 2019 #1
Well spoken! We must play the long game Thekaspervote Apr 2019 #6
Because if law and morality were the issue, impeachment would be done by the Supreme Court. marylandblue Apr 2019 #2
No, SCOTUS is not an investigative body, which Congress is. SunSeeker Apr 2019 #18
"high crimes and misdemeanors" is a term of art from the British Parliament marylandblue Apr 2019 #19
Playing 5th dimensional chess is why Democrats lose. qdouble Apr 2019 #3
But we are not loosing. The momentum is on our side! Thekaspervote Apr 2019 #7
That must be why there was a blue wave in 2018. TwilightZone Apr 2019 #9
Trump being unpopular had a lot to do with it. qdouble Apr 2019 #11
I don't know...but I think.. stillcool Apr 2019 #4
Political calculation dumbcat Apr 2019 #5
The timing is what is in question nini Apr 2019 #8
Impeachment in the House doesn't mean removal by the Senate sop Apr 2019 #17
Winning is a politiical act in 20 and we take no risks that could hurt us. Demsrule86 Apr 2019 #10
Other than letting the person who's lawyer says "there's nothing wrong with gettin help from Russia" uponit7771 Apr 2019 #20
Investigate like crazy... just don't impeach. Demsrule86 Apr 2019 #22
It makes no sense not to impeach, there's no good arguments against it that are clear cut uponit7771 Apr 2019 #23
I'm no fan of Donald Trump either, but WSSlover Apr 2019 #12
I'll take my chances gratuitous Apr 2019 #13
Because it's an inherently political action Codeine Apr 2019 #14
The BIG question: Is the 2020 election a sure thing for Democrats? VOX Apr 2019 #15
Not when Rudy G says "It's OK to get help from Russia" !!! How can we trust that !!! uponit7771 Apr 2019 #21
Because in the real world, it matters what real consequences there are to actions one takes. Honeycombe8 Apr 2019 #16
Latest Discussions»General Discussion»If impeaching Trump is le...»Reply #19