Stand-Up
America Needs A “Do Over”
By Sam Frescoe,
Veteran’s Recall
http://veterans-recall.blogspot.com/
Remember when a “do-over” was the option of choice? I
remember when the “do-over” was an ideal solution to settle just about
everything that just wasn’t right. All one needed to do was challenge the wrong
circumstance (I call “foul on…”), declare a “do over,” and present the
solution. If there was a foot race too
close to call, a “do over” was called, and the race was run again. If there was
a questionable call on the game field, a “do over” was called, and the play was
redone. If the team was not getting it done, then the team would “retool” and
try again. A “do over.” The “do over” was a critical mechanism for setting the
record straight and putting right what was made wrong.
Would such an act at the Federal level even be possible?
What might a “do over” look like? The Constitution suggests the answers are
“yes” and “impeachment.”
On 2 June 1787, the framers debated
this issue at length. James
Madison began the discussion by noting “Some mode of displacing an
unfit magistrate is rendered indispensable by the fallibility of those who
choose, as well as by the corruptibility of the man chosen.” In other words,
the People need a mechanism for removing officials that have rendered
themselves “justly criminal.” As a result, impeachment was a power included in
the Constitution, and reserved to the People (Art-1, Sec-2, Para-5) and the
States (Art-1, Sec-3, Para-6), that makes any elected official (including the
President) subject to “Indictment, Trial, Judgment and Punishment, according to
Law.”
The history
of impeachment in the United States seems to demonstrate that the weight and
breadth of impeachment is large. “The House has initiated impeachment
proceedings more than 60 times but less than a third have led to full
impeachments. Just eight—all federal judges—have been convicted and removed
from office by the Senate. Outside of the 15 federal judges impeached by the
House, two Presidents (Andrew Johnson in 1868 and William Jefferson (Bill)
Clinton in 1998), a cabinet secretary (William Belknap in 1876), and a U.S.
Senator (William Blount of North Carolina in 1797) have also been impeached.”
Impeachment is a unique mechanism
for removing officials because it is a legal process versus a political
process. An impeachment requires the bringing of charges, and holding of a
trial, versus simply stating that someone has worn out their welcome.
But, what if the demand of the People to impeach isn’t
heard, or clearly ignored? What if the elected officials decide not to act
against their fellow elected officials? Now, I turn your attention to the power
of the several States via the Tenth Amendment. I am talking about the political
mechanism commonly referred to as “recall”.
Recall
is a procedure that allows citizens to remove and replace a public official
before the end of a term of office. The nature of a recall is different from an
impeachment. A recall is a political device; whereas, an impeachment is a legal
device.
The recall device originated in
California in 1903. Since then several States have adopted recall procedures
for addressing local and State officials. The concept of a recall is similar
across the several States. However, each participating State has its own laws,
processes, and procedures for recall. A generic scenario might be as follows.
If the current official will not abide by the People according to the
Constitution, then the People may recall and replace that official.
Going Forward
I propose that recall and impeachment are legitimate and
reasonable options to realize a “do over”. It’s time to add them to our
“citizen’s toolbox” along with the ballot box, petition, and communication with
our elected and appointed officials. Why? If our elected or appointed officials
won’t uphold the written word and original intent of the Constitution, then the
People will have to do it for them.
Your View
The case for these options is far from settled, and
certainly not closed. I invite you to tell me what you believe at samfrescoe@gmail.com. I am looking
forward to addressing your comments and furthering our American discourse.
Thank you. – Sam Frescoe
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