The Office of the Presidency and “High Crimes and Misdemeanors”

By: Richard H. Frank

The growth of our Federal Government and the usurpation of power by the Executive branch in recent years have approximated the Founders definition of “high crimes and misdemeanors.” Today the public equates the charge to treason, bribery and perjury committed by the President of the United States as high crimes. The Founders reasoned that holders of government office should be held to a higher standard and the real motivation for their inclusion of these terms in Article II Section 4 of the Constitution went far beyond that which would be applied under the law to ordinary citizens. The term “high” referred to those holding “high office” and not the level of the crime in itself. Their understanding of the term “perjury” related to not just lying under oath when giving testimony, but failing to uphold his or her oath of office to which they are elected or appointed.

Article II Section I Clause 8 of the Constitution requires the President to “solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United states.” He is bound by this oath in ALL MATTERS until he leaves office. The Constitution is the supreme law of the land and to be upheld in ALL MATTERS not when it is politically advantageous to do so and ignore when it suits some political ideology or agenda.

In the view of our Founders Congressional members, Presidents and Federal Jurists have all violated their oath of office during recent administrations, and are rarely if ever called to account for their actions. They have committed “high crimes and misdemeanors” in the guise of executive orders or fiat, allowing appointment of Czars, and legislating from the bench. They are guilty of violation of separation of powers and imposition of law through bureaucratic rules and regulations without regard to legislative action.

Any public statement is perjury if it is a lie, and not necessary to deceive the enemy if it involves national security according to John Roland of the Constitution Society in his article entitled “Meaning of High Crimes and Misdemeanors.” Any candidate for high office may make untrue statements during his campaign, but must tread lightly once elected to such office when making claims to further his agenda. A case in point are the many statements made by President Obama regarding the Affordable Health Care legislation recently signed into law which have now been proven to be untrue.

What is even more troubling is the President’s failure, along with the Secretary of Homeland Security, to control the southern border between Mexico and the United States. This is a blatant disregard of their oath of office and presents a material breach of the law that is sufficient to call for impeachment proceedings. Failure to act and uphold the law is no defense against the charge and should be dealt with by the Senate immediately. The President is not immune to prosecution for failure of another government official from performing their Constitutional duty. He by virtue of his office is responsible to see that his appointees uphold the law. He is legally responsible for everything that anyone in the executive branch is doing or not doing to discharge the responsibility of their office. His failure to take action to uphold the law makes him equally guilty of “high crimes and misdemeanors” as envisioned by our Founding Fathers.

If we continue to allow the elected officials in our government, regardless of what branch they function within, to violate their solemn oath we will contribute to the ultimate destruction and elimination of our Constitution. Start now and hold our Federal Government accountable to the true sovereigns “We the People” for upholding their oath of office and not continuing to govern against the will of the electorate.

Remember, “When the people fear the government we have tyranny.” “When the government fears the people we have liberty.” Let liberty prevail!

2 Responses

  1. So get started with the Impeachment Process ASAP and prosecute all of these thugs before the devastation to our country is irreversible. PLEASE !!

  2. hussein obama surrounds himself with judges that will never go against him. These judges won’t hear the right side of the law, which of course is our side. This is why,so far, none of the law suits filed against the annointed one have gone anywhere. And this is another reason he wants Kagan on the Supreme Court so he can control that too. In the real world obama would be impeached for all he has done, and being a domestic terrorist, and all his regime would be in prison too. But reality is that as long as he and his regime rule the white house we are helpless and he knows it. LETS VOTE THESE DEMONS OUT!

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