Debrief, Congress and the Executive III

For next time, Thurber, ch. 6.

LARP v IRL

• Compressed time
• No dilatory tactics
• No press, public, staff, House, or SCOTUS
• Limited role of POTUS (see below)
• Inherent limitations of simulation

But role-play is still powerful

Presidents and closing the deal (Thurber, ch. 15)

Review from March 7

Vetoes (Davidson 300-303).  Biden has not vetoed any bills yet.

Biden and the DC Crime Bill

Biden and the ESG Bill

Statements of Administration Policy (Biden examples)

1— Strongly Support Passage
2— Support Passage
3— Do not Object to Passage
4— No Position on Passage
5— Oppose
6— Strongly Oppose
7— Secretary’s Veto Threat (single and multiple agency)
8— Senior Advisor’s Veto Threat
9— Presidential Veto Threat

Why presidents can make deals (320-321)

• Breaking stalemate
• Horse-trading
• Concessions BBB becomes IRA
• NOT going public
• Sticking to the terms of debate
• Knowledge of Congress and policy

Slightly out of order, but in light of today's events

The Founders knew about the possibility of crooked presidents:

Article I, Section 3, Clause 7:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Alexander Hamilton (in Federalist No. 72) 

An avaricious man, who might happen to fill the office, looking forward to … yield[ing] up the emoluments he enjoyed … might not scruple to have recourse to the most corrupt expedients.

An ambitious man, too, when … seated on the summit of his country’s honors, … would be … violently tempted to embrace a favorable conjuncture for attempting the prolongation of his power, at every personal hazard.

Andrew Johnson Impeachment -- see esp. Article Ten

Impeachment v. Bill of Attainder

Persons subject to impeachment 

(A separate process for disciplining members of Congress.)

The list

The House

• "Due process" does not apply.  
• The Fifth Amendment says no person shall "be deprived of life, liberty, or property, without due process of law." Impeachment merely removes a person from office.
  

The Senate

• The rules
• The role of the Chief Justice

The Grounds

• Treason
• Bribery
• High Crimes and Misdemeanors
• Gerald R. Ford 1970: "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.” 

The Special Case of the President

• The "take care" clause
• At Harvard Law Review, Andrew Kent.Ethan J. Leib, and Jed Handelsman Shugerman have an article titled "Faithful Execution and Article II." From the abstract:
  Article II of the U.S. Constitution twice imposes a duty of “faithful execution” on the President, who must “take Care that the Laws be faithfully executed,” and take an oath or affirmation to “faithfully execute the Office of President.

Nixon

• Yes, there was a partisan dimension.
• A key staffer remembers...

Clinton

Trump Impeachment I

Trump Impeachment II -- The 7