Sunday, September 22, 2019

Conway and Katyal: Trump's breach of trust demands impeachment

https://www.washingtonpost.com/opinions/trump-has-done-plenty-to-warrant-impeachment-but-the-ukraine-allegations-are-over-the-top/2019/09/20/51eff90c-dbf1-11e9-bfb1-849887369476_story.html

That last phrase — “high Crimes and Misdemeanors” — was a historical term of art, derived from impeachments in the British Parliament. When the framers put it into the Constitution, they didn’t discuss it much, because no doubt they knew what it meant. It meant, as Alexander Hamilton later phrased it, “the abuse or violation of some public trust.” 
Simply put, the framers viewed the president as a fiduciary, the government of the United States as a sacred trust and the people of the United States as the beneficiaries of that trust. Through the Constitution, the framers imposed upon the president the duty and obligation to “take Care that the Laws be faithfully executed” and made him swear an oath that he would fulfill that duty of faithful execution. They believed that a president would break his oath if he engaged in self-dealing — if he used his powers to put his own interests above the nation’s. That would be the paradigmatic case for impeachment.

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