The Preamble, The Oath, and Impeachment

The Preamble to the Constitution is the introduction to the highest law of the land. Although it is not the law of the land in that It does not define government powers or individual rights, it does enunciate and enumerate the intentions of the framers and the purpose of the document:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

While the Preamble, in and of itself, does not carry the force and weight of law, the framers thought it important enough to take several weeks to compose the introductory paragraph in such a way as to make as clear and unambiguous as possible, their intent and purpose in drafting and adopting the Constitution:

[In] Order to:

form a more perfect Union,

establish Justice,

insure domestic Tranquility,

provide for the common defence,

promote the general Welfare,

secure the Blessings of Liberty to ourselves and our Posterity….

They couldn’t have communicated more clearly what they were doing and why.

The Presidential Oath of Office requires that the oath taker:

faithfully execute the Office of President of the United States,

AND

to the best of his/her Ability, preserve, protect and defend the Constitution of the United States, the intent and purpose of which is set forth in the Preamble.

Article I, Section 2, Clause 5 provides: The House of Representatives … shall have the sole Power of Impeachment. … The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

‘High crimes and misdemeanors’ are offenses that can be committed only by one who holds high office. This reference includes, but is not limited to, the nature, scope, and breadth of the high office to which an individual has ascended.

The high office confers upon the holder a public trust and requires a solemn commitment not to violate that trust.

A high crime or misdemeanor entails a violation or transgression of that public trust and as such does not require the showing, or proof of, any specific criminal act or offense, as may be articulated or outlined in the various criminal statutes or codes.

It is clear that, as a matter of logic and law, the framers intended that the actions and/or utterances of a holder of high office, which have the effect of subverting the intent and purposes of the framers, may be deemed to be high crimes or misdemeanors.

Subversion of the intent and purpose of the Constitution violates the Oath of Office and, therefore, subjects the office holder to impeachment

As things stand the 2020 election will be a referendum on the Articles of Impeachment presented by the House of Representatives and the vote of acquittal by the Senate.

At the end of the day it will be “we the people” who will act as final arbiter of the disputes at hand…

….As might be inferred as the ultimate and underlying intent and purpose of the framers of the Constitution….