Both parties are at fault, and they are now playing tit for tat. But two constitutional wrongs do not make a constitutional right. The improper impeachment of Biden should not be used to avenge the improper impeachments of Donald Trump, any more than the impeachments of Donald Trump should have been used to avenge the improper impeachment of Bill Clinton.
The power to impeach a president was extensively debated at the Constitutional Convention. Some argued that there should be no such power. Others argued that it should be broad and include “maladministration.” James Madison, the Father of our Constitution, rejected both extremes, the latter because he did not want the president to serve at the pleasure of the legislature. The result was a compromise which permitted impeachment but only for criminal-type behavior akin to treason and bribery—two of the most serious high crimes.
Impeachment of a president was voted only once in the first two centuries of our nation’s history. It was regarded as an extreme measure to be used only in cases of real criminality. Now it has become trivialized by both parties in their efforts to gain temporary political advantage, while neglecting the long-term implications for democracy.
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