RULE OF LAW vs. THE SLIPPERY SLOPE:
Henry Hyde, in his eloquent address to the House of Representatives [19 Dec. 98], based his entire justification for impeaching the President of the United States on the rule of law. "The phrase 'rule of law' is no pious aspiration from a civics textbook," Mr. Hyde chastised his fellow legislators. "The rule of law is what stands between all of us and the arbitrary exercise of power by the state. The rule of law is the safeguard of our liberties," he concluded.
What rule of law could he be referring to other than the mother of all made-in-the-USA laws, the Constitution. It is in this sacred document where we find the rules of all laws. Here is the foundation guaranteeing freedoms and requiring compliance. The rule of law Mr. Hyde referred to in the impeachment matter is the obligation of the House of Representatives to bring articles of impeachment against a sitting president if there is probable cause to believe the accused is guilty of "treason, bribery, or other high crimes and misdemeanors."
The Democrats argued that perjury - lying under oath - was not impeachable inasmuch as it was not to the level of treason, bribery or other high crimes.... What they failed to acknowledge, and what the Republicans neglected to sight, is the last word in Article II, Section 4: MISDEMEANORS. A misdemeanor is "any crime or offense inferior to a felony," [Blackstone Law Dictionary]. It seems that our forefathers, in their infinite wisdom, have decreed that the President, while he is serving his country, must be free of all criminal guilt. He shall be the leading example, the epitome, a true and just leader of the people and not involved in any criminal activity whatsoever.
The democrats want to start down that slippery slope by saying the language of the constitution is not what is says it is or as George Orwell might put it, some felonies are more equal than other felonies.
Further, the Democrats have also taken the adamant stand that perjury, unless committed directly against the state, per se, and not just against one of us commoners, is not an impeachable crime. To accept this reasoning will open the door [starting down a slippery slope] to future presidents arguing that even murder, unless committed against the state, is not an impeachable offense.
There is one final rule of law; a law that supersedes even the Constitution. Mr. Clinton who has flouted and taunted the premiss that perjury is not of the same stature as treason, bribery, et. al., is forsaking the very foundation, the bedrock, of western civilization. On a mount, a very long time ago, ten commandments were passed directly from God to mortal man. Violation of any of these direct orders from God is most assuredly of the rank, if not higher than, treason, bribery and other high crimes and misdemeanors. Those who ignore the commandment, THOU SHALL NOT BEAR FALSE WITNESS, might consider some deep inner reflections before trivializing or excusing perjury.
To protect our president from situations that could yield criminal charges, we comp him with body guards, chauffeurs, legal counsel, housing, servants, etc., etc. For example, if the President had to drive his own car, he would be open to charges [real or trumped-up] of misdemeanor traffic offenses. Such a minor charge, under our Constitution, could start a process of impeachment. However, we, his employer, afford him insolation from the public to insure he is not wrongly charged by evil, vicious and/or sensation seekers. Of course, if the President, regardless of these publicly paid forms of protection, is so stupid, pompous, insolent or arrogant as to commit a crime, any crime from treason to misdemeanors, then our Congress must impeach.
No matter how popular or well intentioned the accused is, we are not a nation of majority rules where public opinion adjudicates. The atrocities of Adolf Hitler, were overwhelmingly supported by his constituency. The difference between Nazi Germany and the United States: we are a republic of laws whose constitutional foundation has survived for over 200 years. As we fail to adhere to the rules of law, we continue the slippery slide into fascism.
Mr. Hyde also said, "The rule of law is like a three-legged stool. One leg is an honest judge, the second leg is an ethical bar and the third is an enforceable oath. All three are indispensable to avoid political collapse."
We all know many ethical members of the bar who have tried in vein to have gun laws that violate state or federal constitutions tossed out. It's the "third leg" that causes the problems. Without the FEDERAL JUDICIAL ACCOUNTABILITY LAW the third leg is, in reality, powerless inasmuch as there is no way to force any judge to obey his oath to uphold the inalienable rights guaranteed by our constitution. With no workable enforcement of the judicial branch, i.e., legislators without the integrity to demand compliance, the stool has fallen every time "shall not be infringed" is mentioned.
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