01 April 2007

Digby: Wanton Removal

Via Avedon Carol, I was reminded of this speech by James Madison on the subject of impeachment. (I say "reminded" not because I am a constitutional scholar but because impeachment was discussed at great length recently, as I'm sure you'll recall, and the founders "intent" was debated ad nauseum.)
...let us consider the restraints he will feel after he [the president]is placed in that elevated station. It is to be remarked that the power in this case will not consist so much in continuing a bad man in office, as in the danger of displacing a good one. Perhaps the great danger, as has been observed, of abuse in the executive power, lies in the improper continuance of bad men in office. But the power we contend for will not enable him to do this; for if an unworthy man be continued in office by an unworthy president, the house of representatives can at any time impeach him, and the senate can remove him, whether the president chuses or not. The danger then consists merely in this: the president can displace from office a man whose merits require that he should be continued in it. What will be the motives which the president can feel for such abuse of his power, and the restraints that operate to prevent it? In the first place, he will be im-peachable by this house, before the senate, for such an act of mal-administration; for I contend that the wanton removal of meritorious officers would subject him to impeachment and removal from his own high trust.

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