The Constitutionally & Historically Established House Procedures For Articles of Impeachment
By KrisAnne Hall, JD
The deceivers in Congress and MSM want you to believe that the Constitution is "vague" on House procedures for bringing articles of impeachment. That is only because they WANT to evade the Constitution and have the authority to act arbitrarily to deny their obligations to the Constitution and due process. Understanding how the House is supposed to proceed in the filing of impeachment is really not that complicated, the deceivers just want you to think it is. So, as briefly and plainly as possible, here is how it is supposed to work....
If we work backwards it is the easiest way to logically understand the proper procedure for the House to file Articles of Impeachment.
1. We know from those who ratified the Constitution, our most relevant source, that the Senate is the "court" that will "try" the impeachment. (Read Federalist 65 and http://bit.ly/FoundersImpeachment)
2. We know from Article 2 section 4 of the Constitution (the Supreme Law of the Land) that impeachment is valid for the crimes of Treason, Bribery, High Crimes and Misdemeanors.
A. Article 1 section 3 clause 7 of the Constitution states that after impeachment the convicted can no longer hold public office AND can be tried in a criminal court for the SAME crime and held accountable under the law.
B. All four of the grounds for impeachment are actually CRIMES, subject to the terms criminal prosecution. Alexander Hamilton discusses this in Federalist 65 when he explains why the Senate and not the Supreme Court is the proper body to try impeachments:
“Who would be willing to stake his life and his estate upon the verdict of a jury, acting under the auspices of Judges, who had predetermined his guilt?”
Hamilton says since the accused can be tried in a criminal court for the same crimes that brought about impeachment, it would be inappropriate for the Supreme Court to handle impeachment and also have the possibility of having the criminal case come before them as well. With that being said, the Chief Justice of the Supreme Court will still preside over the impeachment trial to ensure the proper rules of due process are followed by the Senate. (See Federalist 65)
3. In Federalist 65, Hamilton calls the Senate the COURT and speaks of the proceeding as a TRIAL and even indicates that the same process will be followed by the lower courts when trying the accused outside of impeachment. Hamilton even explicitly states that the proper conduct for the Senate is to judge the accused by the “real demonstration of guilt or innocence,” once again using the legal vernacular appropriate of a true trial of justice.
4. Since the accused (president, vice president, or any civil officer) will be having a legitimate trial in the Senate, with all due process considerations of a court of justice, it will only be fitting to describe the role of the House as the “prosecutor” who reviews the allegations and the evidence and has the responsibility of filing the charges against the accused.
A prosecutor (I know, I was one for nearly a decade) does not file every allegation that comes along. A prosecutor does not even file a case against every person “believed” to be guilty of a crime. The belief of guilt is irrelevant in the criminal justice system. The only thing that matters in a true court of justice, is what can be proven “beyond a reasonable doubt” in the framework of the statutory crime, the evidence admissible, and the rules of due process.
5. Since the Senate is the Trial phase and the House is the filing stage, the House procedure for filing impeachment will logically be the same as that of a prosecutor.
A. The House members must look at the allegations. They must then look at that law and determine if the allegations fit the law. The Constitution establishes the law and that impeachment can only be brought for Treason, Bribery, High Crimes, or Misdemeanors. If the allegations do not fit into one of those four categories, then the House, just like any good prosecutor, must refuse to file impeachment. If you are confused by the current assertion that the Constitution permits the House to bring impeachment for “political” reasons, please read this article to help you understand why that reasoning is false: http://bit.ly/FoundersImpeachment
B. If the allegations fit into one of the four categories of impeachable crimes, then the House members must review the evidence and determine 1. if the evidence is admissible, 2. if the admissible evidence satisfies the elements of the crime, and 3. if the relevant evidence is sufficient to prove guilt. If the answer to any of these questions is “no” then the House must refuse to file impeachment. If the answer to all these questions is “yes” then the House must file impeachment and put together the case for trial in the Senate.
That’s it. That is the procedure for the House of Representatives for bringing articles of impeachment according to the intent of the founders and the Constitution. Perhaps it seems very simple to me because this is the process I engaged in every day of my life for nearly a decade. I was even blessed enough to train new prosecutors in this process. The presence of due process in America is such a precious jewel and as not only a prosecutor, but one who trained future prosecutors, my philosophy was never “win at all costs” but to consider the lives of the people, both victims and accused, stay within the lanes of the law, and above of all preserve the Rights of the people involved so that the system doesn’t become a tool for vengeance and destruction.
Our House members should hold the procedure of impeachment with the same reverence and respect. The fact that every civil officer in our Constitutional Republic can only be impeached from office through the respect of law and due process is priceless and ought to be seen as invaluable. It is truly one of the things that separates our Constitutional Republic from an arbitrary and lawless Banana Republic.
The thing I find interesting is that many of these House members are lawyers and many of the lawyers have trial court experience. For these people to claim that they are “confused” as to this procedure seems very disingenuous and self-serving. If American prosecutors handled cases the way the House Judiciary Committee is handling this impeachment, their cases would be thrown out of court, they would likely be looking at sanctions from the BAR Association, and could even face their own criminal trial for the crime of “vindictive prosecution.” Perhaps one lesson our House members would do well to learn, the first lesson I taught all my prosecutors in training, we are “prosecutors” not “persecutors” and we must know the difference.
It should be very important to every American that our House does not engage in vindictive prosecution and is diligent to the rights of due process. What these people in high office are allowed to do to the president, or any other civil officer for that matter, will not only set a legal precedent but also a cultural one that will put the due process and fundamental rights of every American at peril. I will close with the words of Hannah Winthrop, one of the founders of America: “How often do we see people blind to their own interests precipitately maddening on to their own destruction!”
Hamilton Silences Impeachment Fools
By KrisAnne Hall, JD
America’s media stream has been saturated by politicians, pundits, and law professors pontificating on what America’s founders’ believed about presidential impeachment. The most oft used argument today is a misapplication and misleading representation of what founder Alexander Hamilton said in Federalist #65. The claim is that Alexander Hamilton establishes in Federalist #65 that presidents should be “impeached for political reasons. This is completely and obviously false to anyone who has read the essay and possesses a smidgen of reading comprehension skills. I believe the people asserting this fake claim are confident that the American people won’t actually read this essay and call them out for their deceptions. My goal is to show how simple and plainly written this text is and how blatantly deceptive these people are in their lie-driven agenda. (You can read Fed 65 here http://bit.ly/Fed65)
The overall assertion of these prevaricators is that Hamilton uses Federalist #65 to explain to the people what the Constitution says about the grounds for impeachment of presidents. The very title of this document declares this to be false. The document is titled, “The Powers of the Senate Continued.” As the Federalist Papers are compiled by a series of topics, Federalist #65 falls in the set of essays explaining the powers delegated to the Senate. What is interesting, in the very first paragraph Hamilton explains that this essay is NOT about the president, but the Senate, and a presidential series would be forthcoming.
“As in the business of appointments the executive will be the principal agent, the provisions relating to it will most properly be discussed in the examination of that department.”
The second paragraph of this essay is the fertile ground used to harvest the agenda-driven propaganda of this present hour. It is in this paragraph that we glean our best understanding of what Hamilton believed to be the greatest complications to a valid impeachment. What Hamilton does NOT do in this paragraph, or in any paragraph in this essay, is define the terms of impeachment nor the unlimited power of the House to impeach a president for whatever allegation the majority can motivate their moiling mob to support. What is interesting is, that Hamilton actually defeats that claim in the very paragraph these fabulists violently plunder.
Hamilton begins paragraph two by explaining that history proves it will be very difficult to pull together a fit body for the trying of impeachment. Once you read Hamilton’s argument, not only does his logic become very clear, but it also shows itself to be very familiar in the present day impeachment display. The reason it will be difficult to pull together a fit body for impeachment, Hamilton explains, is because impeachment is a process that involves people who are solely contained in the realm of politics and politics are ruled by emotions and not reason.
“The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.”
These tricksters claim that because Hamilton used the word “political” he must have meant that political reasoning was sufficient for impeachment; i.e. if the majority in the House doesn’t like a president’s policies, mannerisms, or politics then impeachment is the solution. However, Hamilton’s use of the term “political” is descriptive of the universe in which impeachment exists, not of the terms upon which impeachment may take place. Because impeachment is applied to elected people who are tried for crimes that violate a position given by the entire society as opposed to a single person and the accused is tried by politicians it is properly classified as political. It seems that politicians, pundits, and professors may be better at cherry picking than George Washington.
If that was all Hamilton said on the topic, a matter of interpretation could be claimed. However, what Hamilton says after this statement makes all the difference in the world.
“The prosecution of them, for this reason, will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused.”
Because politicians are the accused in impeachment and because they are tried by politicians, it will be difficult to put together an unbiased body to impeach, and because politics are products of division people and politicians will naturally take sides.
Watch out, listen up, Hamilton is going to give us a bold warning of what will go wrong when impeachment is used for political punishments instead of strictly holding to the terms of impeachment outlined in Article 2 section 4.
“In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.”
Because politicians are always the products of elections where one person wins and one person loses, there will always be one group of people unhappy with the other. Hamilton considered it to be dangerous for impeachment to become a tool used to punish people for political reasons. So when members of Congress, political pundits, or partisan professors claim that the Constitution supports using the institution for impeachment as a political punishment, they are not only wrong but aiding and abetting the “greatest danger” to the political system; they create impeachments not concerned with due process, not concerned with crimes, their elements, reliable evidence, or truth and qualified witnesses. Under the propagandists presumed terms, guilt or innocence is not the standard as established by the founders, but the standard becomes whether you like an elected official or not.
It is here that I am reminded of a story in history where a man named Haman built gallows to hang his political enemy Mordechai. To eliminate Mordechai as his competitor for the King’s affections, Haman attempted to sow a series of lies against Mordechai. The King, upon discovering the truth, ordered Haman to be hung on his own gallows. Article 2 section 4 of the Constitution is not written solely for the impeachment of presidents. The text reads, “president, vice president, and all civil officers.” That term “civil officers” includes every single person employed in federal government whether elected or hired by an elected person. These political fornicators ought to be careful the standards they create, for what is good for the goose is good for the Haman.
A Heritage Worthy of Thanksgiving
by KrisAnne Hall
As we reflect on the past year in America, let us not forget that Liberty is a gift that was purchased for us with great sacrifice. Among the many things we have to be thankful for, we must be eternally grateful for the wisdom of men and women that understood that Liberty was a gift from God and that all God’s gifts are worth our every sacrifice. John Adams, in a letter to Abigail in 1777 expressed this sacrifice.
Posterity ! you will never know how much it cost the present generation to preserve your freedom! I hope you will make a good use of it If you do not, I shall repent in Heaven that I ever took half the pains to preserve it.
We must honor this sacrifice by honoring their memory and continuing their efforts. Too often I see the revisionism of our history in an effort to demean these men and women with the purpose of destroying our nation. We do not properly respect their efforts by allowing these lies to be taught to our sons and daughters. We must teach the truth. We owe it to them. We owe it to our children.
I am not trying to give the founders some divine status or even suppose them a level of perfection that they did not have. We must understand that our nation was not founded upon people, but upon principles. The people that gave us our exceptional American principles were flawed vessels just like you and me. However, the really amazing part of this history is that flawed men understood that the foundation of an enduring nation must be liberty moored in morality. Consider these words by Alexander Hamilton:
Equal pains have been taken to deprave the morals as to extinguish the religion of the country [France], if indeed morality in a community can be separated from religion…The pious and moral weep over these scenes as a sepulcher destined to entomb all they revere and esteem.
The politician who loves liberty sees them with regret as a gulf that may swallow up the liberty to which he is devoted. He knows that morality overthrown (and morality must fall with religion), the terrors of despotism can alone curb the impetuous passions of man, and confine him within the bounds of social duty. (emphasis original)
The Stand, No. III (April 7, 1798)
Our founders knew that Liberty is a combination of two equally important parts – it is FREEDOM under the constraints of MORAL LAW. Liberty cannot survive where there is pure freedom. Pure freedom gives man the right to do whatever is right in his own mind: cheat, lie, rob, murder. Pure freedom is lawlessness. At the same time, Liberty cannot survive with moral law alone. Moral law not mingled with freedom is theocracy. Theocracy in the hands of men is tyranny in the name of religion. Our founders attempted give us this balance and secure the blessings of liberty for us in our founding documents. When we abandon our founding documents and disregard our moral foundations, liberty is in peril.
Thomas Jefferson gave us this warning, “Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift from God?”
While Benjamin Franklin warned America’s founders directly:
“In the beginning of the Contest with Great Britain, when we were sensible of danger, we had daily prayer in this room for Divine protection…. All of us who were engaged in the struggle must have observed frequent instances of Superintending Providence in our favor…have we now forgotten that powerful Friend? or do we imagine we no longer need His assistance?…. God Governs in the affairs of men And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid?”
Patrick Henry said “Three millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us.”
As an exceptional nation built upon exceptional principles, we cannot deny that we are built with a foundational understanding of an exceptional God. Thomas Jefferson reminds us that, “We are not in a world ungoverned by the laws and the power of a Superior Agent. Our efforts are in His hand, and directed by it; and He will give them their effect in His own time.”
Because of our historical understanding that our nation was built on the principles of freedom and morality, America has always been the haven of rest when tyrants oppress their own. She is the vineyard of innovation and opportunity. This is the nation that opens its arms to the tired, to the poor, to the oppressed, to the huddled masses yearning to breathe free. No other nation can claim this legacy, no other people has this birthright. This is the shining city upon a hill, and we cannot hide our light under a bush.
The focus of our education should not be on the flaws of the men who gave us this nation, but on the exceptional nation that they gave us. We have an exceptional nation where “all men are created equal and endowed by their Creator with certain inalienable rights.” A nation birthed by the principle that the power of the government is to be held BY the people and not where the government holds power OVER the people. A nation that believes the principle that says all are free to worship according to the dictates of their conscience, and all are equally free, “Jews, Turks, pagans, AND Christians.” A nation that has prospered based on the principle that ideas and hard work open the door to prosperity regardless of bloodline, skin color or social status. A nation that has remained free based on the principle that liberties remain secure by maintaining the right to defend self, property, and Liberty.
In the profound words of Daniel Webster, “Is our Constitution worth preserving? Guard it as you would guard the seat of your life, guard it not only against the open blows of violence, but also against that spirit of change…Miracles do not cluster. That which has happened but once in six thousand years, cannot be expected to happen often. Such a government, once destroyed, would have a void to be filled, perhaps for centuries, with evolution and tumult, riot and despotism.”~ An Anniversary Address by Daniel Webster July 4th 1806
So in this time of Thanksgiving, let us maintain a true focus on what is important. In this day it is so popular to denigrate America for every little flaw. Why not take back a bit of American Exceptionalism? Why not embrace what makes us different from every other nation on the globe? America is an exceptional place because we are built on exceptional principles. Principles of Liberty, freedom, morality, and equality as derived from our Creator. And these principles are STILL WORTH FIGHTING FOR!
Happy Thanksgiving America! May God continue to bless this exceptional nation.
George Washington’s Thanksgiving Proclamation of 1789 as published on the Mount Vernon Website:
Thanksgiving Proclamation of 1789 – President George Washington:
By the President of the United States of America, a Proclamation.
Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor– and whereas both Houses of Congress have by their joint Committee requested me to recommend to the People of the United States a day of public thanksgiving and prayer to be observed by acknowledging with grateful hearts the many signal favors of Almighty God especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness.
Now therefore I do recommend and assign Thursday the 26th day of November next to be devoted by the People of these States to the service of that great and glorious Being, who is the beneficent Author of all the good that was, that is, or that will be– That we may then all unite in rendering unto him our sincere and humble thanks–for his kind care and protection of the People of this Country previous to their becoming a Nation–for the signal and manifold mercies, and the favorable interpositions of his Providence which we experienced in the course and conclusion of the late war–for the great degree of tranquility, union, and plenty, which we have since enjoyed–for the peaceable and rational manner, in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted–for the civil and religious liberty with which we are blessed; and the means we have of acquiring and diffusing useful knowledge; and in general for all the great and various favors which he hath been pleased to confer upon us.
and also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech him to pardon our national and other transgressions– to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually–to render our national government a blessing to all the people, by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed–to protect and guide all Sovereigns and Nations (especially such as have shewn kindness unto us) and to bless them with good government, peace, and concord–To promote the knowledge and practice of true religion and virtue, and the encrease of science among them and us–and generally to grant unto all Mankind such a degree of temporal prosperity as he alone knows to be best.
Given under my hand at the City of New York the third day of October in the year of our Lord 1789.
Are we tired of electing unqualified people to office? Are we tired of electing people to office and having them forget WHO they work for? Are we tired of the government not only ignoring the Constitution but destroying it with their ignorance, apathy, and malice? Perhaps its time we start treating these people like EMPLOYEES so they will stop acting like royalty!
With this frustration and the need for solutions in mind, I have developed the following job application that must be completed BY ALL LEVELS OF GOVERNMENT; federal, State, County, City, School Board, and Sheriff. If they refuse to complete the application we must withhold monetary support, endorsements, and refuse to elect them to office, no matter which party they claim loyalty.
~We have no right to complain if we refuse to take back control.~
We the People Elected Personnel Job Applicaton
THIS APPLICATION IS NOT AN EMPLOYMENT CONTRACT, but merely is intended to evaluate suitability for employment. It is the policy of We The People to provide equal employment opportunity to all qualified persons without discrimination on the basis of sex, race, color, religion, age, marital status, national origin, citizenship, disability, sexual orientation, veteran status, or any other status protected under state and federal law. It is also the policy of We The People to have the option of conducting pre-employment screening before a job offer is made. If a job offer is made, continued employment may be contingent upon proper defense of the Constitution, Rights, and Liberties of the People. Knowledge and understanding of the US Constitution is essential for all positions at all levels.
Name: Last: ___________________ First: _____________________ Middle: __________________________
Social Security #: _________________ Home Phone: ______________
Work Phone: ____________________
Please list below your current address and your two other most recent addresses:
Current/Street: ________________________City: __________State: ____ZIP: _______
Since (Mo/Yr): _____
Street: ________________________City: __________State: ____ZIP: ______From _____To ______
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High School Attended: ________________________City/State: ________________Graduated? Yes No
_____________________________________________________________________________________Undergraduate College, Graduate School, Certification Class)
Please answer all of the following questions. When necessary, note question number and use an extra sheet of paper to provide explanations.
Answering the following questions is required to complete this job application. Failure to answer these questions will result in an incomplete application and will disqualify you as a candidate for the applied position. YOU MUST answer all of the following questions. When necessary, note question number and use an extra sheets of paper to provide explanations.
1100 Charter of Liberties____ Magna Carta ____ The Petition of Right of 1628____
The Grand Remonstrance____ Bill of Rights of 1689____ US Declaration of Independence _____
The US Constitution____ The Original Federalists Papers______ The Original Anti-Federalist Papers ______
APPLICANT’S CERTIFICATION AGREEMENT
By signing this employment application I certify that I understand all of the information requested and that I have provided information that is truthful, complete and accurate.
(Applicant Signature) (Today’s Date)