Impeachment! Is it a duty, or is it a political question?

[Guaranteed]

Poll question: Impeachment! Is it a duty, or is it a political question?

Many people say that impeachment isn't a matter of the law, but of politics. I've heard that quite a bit here on DU.

Others say that impeachment is a duty of Congress. There are a lot of things Congress should be doing that one could call a duty- but this is the one thing that gets the privilege of that word.

However, they are mutually exclusive. Political questions- and carrying out their answer- are not duties.

So, what do you think? Is impeachment a political question, or a duty?

[rwenos]

1. A Power, Not a Duty

Law professors will go on for hours about the difference between a "power" and a "duty." A "duty" is an obligation imposed by law. For example, we all have the DUTY to drive reasonably safely, and obey traffic signals. But we have the POWER to sue a cop for wrongful arrest.

So I'd say Congress has the POWER to impeach -- the House to indict, and the Senate to try the President, Vice President, and federal judges. But it would not really be correct to say Congress has a DUTY to impeach, especially when the President can be prosecuted for criminal offenses (like, say, accepting a bribe), even when in office.

[Swamp Rat]

2. It is both

If someone witnesses a crime and does not report it, regardless whether that person is a citizen or government employee, that person becomes an accessory to that crime and subject to prosecution.

Members of Congress took an oath of office and are bound to uphold the U.S. Constitution.

TITLE 5 > PART III > Subpart B > CHAPTER 33 > SUBCHAPTER II > § 3331

§ 3331. Oath of office

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by l

http://www4.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00003331----000-.html

[rwenos]

5. Sorry Mate, Misprision Went out with the Common Law

"Misprision" -- i.e., the DUTY to come forward and report a crime -- was an offense at English common law. It's not an offense in any American jurisdiction I know of. Maybe Virginia.

Since Congress is not a prosecutorial authority, there's no affirmative duty to impeach.

You're simply reading something into the Constitution that isn't there. Interesting point, but I just don't see it in Article I, or anywhere else.

ON EDIT:

"If someone witnesses a crime and does not report it, regardless whether that person is a citizen or government employee, that person becomes an accessory to that crime and subject to prosecution."

Not quite. Accessory liability requires an ACTIVE participation in furtherance of the underlying offense.

[Swamp Rat]

9. We are talking about more than just a witness to a crime.

We are talking about members of Congress who are under oath to uphold the law.

In some states, like Alaska a witness to a serious crime who does not report to authorities becomes subject to prosecution for failure to do so.

[Truthiness Inspector]

3. It's a duty, when it is founded. If not, forget it. n/t

[me b zola]

6. So what do you think of the present circumstances?

[Breeze54]

4. They have an absolute duty to uphold The Constitution of the United States of America!

Pelosi has NO RIGHT to "take it off the table"!

That's not her call! It's The People's call!

IMPEACH!!!!!!!!!

[elana i am]

7. duty/oath

they take an oath to uphold and defend the constitution. calling it a duty seems fair. the difference between a duty and an oath is just semantics.

and whichever you want to call it, they sure as hell aren't living up to it.

[Guaranteed]

8. Do they have any other duties that they are not carrying out?

Seems to me that they do.

Why is the word only being used here?

[upi402]

10. and against all enemies too! n/t k/r