Text 1: What is Impeachment

Here is an extract from the brochure High Crimes and Misdemeanors written by Robert Barr:

Rep. Barr (R., Ga.) serves on the House Judiciary and Government Reform Committees. He was the U.S. attorney in the Northern District of Georgia under Presidents Reagan and Bush.

The American Constitution provides that the «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». Thus, impeachment is the constitutional remedy – the only one, addressed to serious offenses against the system of government and the public trust. The impeachment procedure, outlined in the Constitution, has been given content over the two centuries since its adoption. What conduct justifies impeachment has been the subject of some controversy among legal scholars. One cause of the controversy is the political nature of impeachment. As constitutional scholar Michael Gerhardt has noted, «Impeachment is by nature, structure, and design an essentially political process». Our Founding Fathers adopted this view of impeachment from English law and made it uniquely their own. Its a scope confined to political officials; it charges only «political crimes» and imposes purely «political punishments».

Thus, impeachment is not a criminal proceeding dependent on proof of a criminal infraction. An inquiry of impeachment examines the «undermining of the integrity of office, disregarding of constitutional duties and oath of office, arrogation of power, abuse of governmental process, and adverse impact on the system of government».

Impeachment was intended to be a «safety valve, a security against an oppressive or corrupt President and his sheltered ministers». Our Founding Fathers were familiar with the despotic rule a too-powerful executive could impose. Consequently, they constructed a safeguard against the executive abuse and usurpation of power that might occur in the separate executive branch they fashioned. James Wilson, a member of the Pennsylvania ratifying convention, noted that the President is «placed high, and is possessed of power far from being contemptible, yet not a single privilege is annexed to his character; far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment».

James Madison noted that impeachment was «indispensible» to protect the state from «the incapacity, negligence or perfidy of the chief Magistrate» and «as a supplementary security for the good behaviour of the public officers».

Our Founding Fathers conceived of impeachment as a device to preserve constitutional government, designed to address actions by an official that subvert the structure of government and impugn the integrity of office.

There are three major duties imposed on the President by the Constitution and his oath of office. His first duty is «to take care that the laws be faithfully executed». The other two duties – «to faithfully execute the office of President of the United States» and to «preserve, protect and defend the Constitution of the United States» – are included in the oath of office. The power of impeachment serves as a guarantee that these duties are performed.

§ Vocabulary notes

Words and Grammar

a Translate the following words into Russian:

misdemeanor........................ oath.....................................

treason................................... scholar...............................

bribery.................................. controversy........................

offense................................... conviction.........................

b Match the English and Russian equivalents:

с Add as many nouns as possible to the following adjectives:

an oppressive President, chief.......................................................................................................

adverse impact, influence.............................................................................................................

despotic rule, person.....................................................................................................................

legal trust, system..........................................................................................................................

political crimes, figures.................................................................................................................

governmental process, sources......................................................................................................

constitutional scholar, rights.........................................................................................................

d Complete the sentences with the following words:

Impeachment is not a criminal.....................dependent on proof of a criminal.....................

An inquiry of impeachment examines the undermining of the integrity of office disregarding of.....................of power,..............................of governmental process and adverse.....................on the system of government.

e Write a few short sentences with the following word expressions, based on the text:

to charge political crimes...........................................................................................................................

to impose political punishments.................................................................................................................

to undermine the integrity of office...........................................................................................................

to impugn the integrity of office................................................................................................................

to subvert the structure of government......................................................................................................

f Insert the correct prepositions and write a few short sentences with the following:

1 to remove...............office on impeachment...............treason

2 to adopt this view of impeachment...............English law

3 to be dependent...............proof of a criminal infraction

4 to be familiar...............the despotic rule

5 offenses...............the system of government

g Underline the predicates, say in what forms the verbs are used and translate the sentences into Russian:

1 The impeachment procedure has been given content over the two centuries.

2 It has been the subject of some controversy.

3 They constructed a safeguard against the executive abuse.

4 Impeachment was intended to be a safety valve.

5 It is a device to preserve constitutional government.

§ Suggested activities

h Write short sentences describing the idea of impeachment, on the basis of the text. Translate these sentences into Russian.

i Compare the above description with:

• James Wilson's words

• James Madison's words

j Agree or disagree and substantiate your viewpoint:

1 The idea of impeachment can easily be-expressed in one sentence.

2 The last paragraph of the text is the most important one.

3 When Robert Barr wrote «our Founding Fathers» he meant «the American Constitution».

Date: 2016-11-17; view: 251; Нарушение авторских прав