Andy is not saying that we should impeach Obama right now. He understands that you can't effectively impeach (and convict and remove) Obama without the political support of the people but that you are not going to build that political support unless you convince them there is a strong legal case against him that warrants removal. But making the legal case involves demonstrating the broader definition of impeachable offenses, showing how Obama has committed them and then further convincing the people that these offenses constitute an assault on and a grave danger to our constitutional republic.
How does Andy -- a lawyer's lawyer and a prosecutor's prosecutor -- make his case? Here's where it gets interesting. He first provides us with a tutorial in limited government as crafted by our Constitution's framers and shows how our liberty utterly depends on this brilliant constitutional structure. He also gives us a primer on impeachment and what types of offenses constitute "high Crimes and Misdemeanors." Then he dovetails the two subjects together.
For it just so happens that the framers adopted this British historical impeachment standard precisely because they wanted the remedy available for those cases in which the president threatens the very framework of government through his actions.
That is, the framers wanted impeachable offenses to include not only criminal acts or other acts of moral turpitude but also those instances in which the president grossly breaches his fiduciary duty to the people to faithfully execute the laws of the land and to uphold the Constitution.
As Andy demonstrates in meticulous detail, President Obama has systematically undermined our system through his egregious pattern of lawlessness and disregard for the Constitution. Instead of honoring the rule of law, he has become the ruler of law. By usurping and abusing power, he has imperiled our separation of powers and our federalist system and thus our structure of limited government, on which our liberties depend.
As you can see, this is not about judging Obama and punishing him for wrongdoing as you would a criminal. It's about preserving our form of government and thus our liberties from his systematic threats. It is the opposite of how Democrats characterized (read: trivialized) Clinton's offenses, which was that he had just lied about sex. For Obama's offenses couldn't be more serious if we Americans still cherish our Constitution and our liberties.
The persuasiveness of Andy's trenchant and cogent arguments depends on whether we as a people still believe in liberty and limited government or we've become so jaded that we think of government as merely a means to our political ends. Do we want our government to safeguard our liberties or to determine winners and losers? Unless Americans still cherish their liberties and can be convinced that upholding the Constitution and the rule of law is essential to preserving them, any effort to impeach Obama would be pointless.
But if anyone has made the case, it is Andy McCarthy in this excellent book.
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