What would the Founders do?
The list of the president's high crimes and misdemeanors is breathtaking.
This essay is part of a series called ‘The Case for Impeachment,’ which illuminates how Donald Trump has trampled the rule of law and is a clear and present danger to the republic.
When the Founders gathered in Philadelphia 250 years ago to “form a more perfect Union,” they studied the collapse of the Greek and Roman republics with an eye toward designing a system of government that could withstand a populist demagogue who could seduce the masses, undermine democracy, and catalyze tyranny.
The system of checks and balances the Founders created has been the envy of the free world for two-and-a-half centuries, thanks in large measure to the core principle that no one is above the law. The added deterrence and safety valve the framers created to hold a corrupt president accountable without waiting for an election was impeachment.
Impeachment is an extreme measure that has never resulted in a president’s removal, although Richard Nixon resigned rather than face that looming indignity.
Donald Trump was impeached twice during his first term, though the Republican-controlled Senate could not muster enough votes to convict and prevent him from returning to office — even after he spurred a deadly insurrection.
That failure — combined with the Supreme Court ruling that largely placed the presidency above the law — led to the current crisis in the White House.
Trump’s second term has been rife with so much naked corruption, self-dealing, and pocket-lining that the time has come to again contemplate his impeachment. This is obviously not a matter to be taken lightly. But Trump’s abuse of power combined with his erratic behavior must be confronted.
Sadly, this is not an issue the Republicans who control the House and Senate will seriously consider. Most of the GOP has sold its soul and ignored their constitutional oath in order to remain subservient to Trump.
Despite Trump’s relentless efforts to interfere with the November elections, the Democrats seem poised — if the polls can be trusted — to take control of one if not both chambers of Congress.
If that occurs, the Democrats will have the power to mount an impeachment inquiry. No matter which party is in power during the next Congress, the Inquirer Editorial Board believes that impeachment should be a top priority.
For now, Democrats remain focused on confronting a full plate of seismic issues from the rising costs in everything from gasoline, food, utilities, and housing to healthcare cuts, the ballooning deficit, the Iran war, regulating artificial intelligence and combating climate change.
But an out-of-control president focused on his own profiteering while ignoring and trampling the rule of law remains a clear and present danger to the republic.
No doubt, if Democrats win control of either chamber, they must address the needs of the people. But they must also confront a corrupt president either through impeachment proceedings or the 25th Amendment.
The Founders would expect nothing less.
Of course, removing Trump from office remains a longshot without some Republican support. But that doesn’t make what Trump is doing right. Nor should his corrupt actions be ignored.
Trump must be held accountable for the sake of the country today and tomorrow. If he continues to receive a free pass, that will set the bar for what is permissible by every president who follows.
To be sure, the politics of impeaching Trump are tricky for many Republicans who fear retribution or losing their seat. But the case of whether Trump has committed high crimes and misdemeanors is clear as day.
The Editorial Board contacted legal scholars and elected officials to seek their input. Their arguments for impeachment are included in this special opinion section. Taken together, the case against Trump is strong.
Removing Trump from office would further split a divided country. But allowing and enabling his unchecked power poses a grave threat to America. Being led by a corrupt president is an affront to everything the Founders fought for. Not to mention, the tens of thousands of service members who made the ultimate sacrifice defending American freedoms and ideals over the past 250 years.
We either have a Constitution — and enforce it — or we don’t.
A foundational principle in America is that no one is above the law. But Trump has expressed ambivalence to the Constitution. In a social media post, Trump said, “He who saves his Country does not violate any Law.”
Trump has acted with similar disdain for the rule of law. Even more shameful is how a cowed Republican-controlled Congress and conservative majority on the U.S. Supreme Court has enabled his lawless actions. History will not be kind to these cowards and oath breakers.
Trump’s misdeeds mimic many of the grievances the Founders listed against King George III in the Declaration of Independence. He “has refused his Assent to Laws, the most wholesome and necessary for the public good,” as the Founders wrote, adding, “He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.”
Another line from the declaration presaged the U.S. Immigration and Customs Enforcement officers roaming American streets and Trump’s costly war of choice in Iran that was started without the consent of Congress. “He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.”
Trump’s damage to the country is vast and alarming.
One report by a Swedish university said democracy had deteriorated in the U.S. so much that the country’s global ranking fell from 20th to 51st.
A survey of more than 500 U.S. political scientists concluded the U.S. system had fallen and was now midway between liberal democracy and a dictatorship.
A report by a democracy think tank found the U.S. registered one of the largest declines in political and civil rights last year.
When it comes to impeachable offenses against Trump, the list may be nearly as long as the 27 grievances against King George III.
Free Speech for People documented 17 articles of impeachment that include unconstitutionally usurping Congress’s powers; defying court orders and usurping judicial authority; terminating Justice Department and FBI officials based on retribution; co-opting and dismantling federal agencies for corrupt purposes; unlawfully imposing tariffs; receiving foreign and domestic emoluments; improperly using emergency and wartime powers and abusing the pardon power.
Multiple members of Congress have introduced articles of impeachment against Trump.
Rep. John Larson (D., Conn.) filed 13 articles of impeachment in April for high crimes and misdemeanors that include, circumventing Congress’ war powers regarding multiple military actions, the “militarization of domestic law enforcement” regarding National Guard deployments and his administration’s use of detention and deportations of “citizens or immigrants based significantly on race or ethnicity or political opposition.”
Rep. Shri Thanedar (D., Mich.) introduced seven articles of impeachment against Trump last year that included charges of: obstruction of justice and abuse of executive power; usurpation of appropriations power; dismantling congressionally established agencies; violation of First Amendment rights; bribery and corruption involving dismissing criminal cases, soliciting foreign emoluments, and extorting settlements for personal and political gain.
A White House spokesperson dismissed the impeachment effort and called the Democrats in Congress “deranged.” But Thanedar said: “This is not about partisanship. It’s about protecting our democracy and ensuring that no one, not even a President, is above the law.”
We agree and would be making the same case if Trump was a Democrat — just as this Editorial Board and dozens of other newspapers called for former President Bill Clinton’s resignation amid the Monica Lewinsky scandal.
A recent poll found the majority of Americans support impeaching Trump, including 21% of Republicans. More than 1 million people have signed a petition calling for Trump’s impeachment.
House Democrats also unveiled longshot legislation that would create a commission to assess whether the 25th Amendment should be invoked to remove Trump from office. Some of these efforts could gain steam if Democrats win control of Congress.
While Trump’s poll numbers are sinking, many in the Republican base still support him, in part because they get their news from right-wing outlets and social media that skim over his failures and spread misinformation.
Trump also commits much of his corruption in broad daylight. It has come fast and furious amid much chaos, leaving many numb by normalizing the wrongdoing.
But much of what Trump has done is nowhere close to normal.
The list of high crimes and misdemeanors is breathtaking, including accepting a $400 million luxury jet from a foreign government, pocketing billions in murky cryptocurrency deals, selling pardons, freeing insurrectionists, tangled deal making that mixes family business with government policy, prosecuting political enemies on phony charges, shaking down law firms, universities, and media giants.
Trump even demanded the federal government he oversees pay him hundreds of millions of dollars for previous investigations of his wrongdoing that led to the criminal indictments that were dropped once he was elected again.
Anyone who believes Trump’s impeachment is not an option, should ask themselves a simple question: What would the Founders do?
