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Tuesday, November 04, 2003
Aportadera: Clinton impeachment revisited
By Atty. Billy Aportadera
Rights and Duties
The impeachment proceeding, as outlined in the US Constitution, was never challenged at any instance. Impeachment was a "political process" beyond judicial review.
THE Philippine Constitution copied almost verbatim the provisions of the US Constitution on impeachment.
As the nation is faced with the prospect of a Chief Justice of the Supreme Court facing impeachment charges before the Senate Court of Impeachment, insights can be gotten from the impeachment of the most powerful man in the world -- then President William Jefferson "Bill" Clinton of the United States of America.
In 1998, US President Clinton was impeached by the US House of Representatives on charges of false witness or perjury and of obstruction of justice. Pursuant to the US Constitution, the Senate is a Court of Impeachment to try US President Clinton. Acting on a motion to dismiss, the Senate acquitted US President Clinton.
The impeachment proceeding as outlined in the US Constitution was never challenged at any instance. Impeachment was a "political process" beyond judicial review.
The Philippine Constitution copied almost verbatim the provisions of the US Constitution on impeachment.
The charges against US President Clinton were anchored on the saying that "A public office is a public trust." Americans subscribed to the notion that criminals of any kind should not be allowed to hold public office, more so their highest office -- the Presidency.
Does this mean that the US President can be removed from office for Jay Walking or for parking at an expired meter? The framers of the US Constitution were not that dogmatic.
To be sure, a US president will be removed from office if impeached by the House and convicted by the Senate, but this will only happen if the House exercises its constitutional authority to impeach. There is nothing in the US Constitution that compels the House to act.
Impeachment, therefore, is an option for the House to be exercised at their discretion. If the House impeaches, it is incumbent upon the Senate to hold a trial; the "sole" purpose of which is to determine if the offending official is guilty as charged and thereby removed from office.
No other course of action is permitted and under no circumstances does the Senate enjoy the option of questioning whether a crime is impeachable or not. The House has already so ruled and the Constitution reserves this right for the House alone.
The US Constitution holds that the President, Vice President, or other high officials should be impeached and removed from office for Treason, Bribery, or any crime that constitutes a breach of the Public trust similar to Bribery. This interpretation stands the test of reason, is in keeping with sound governing principle and also with the mindset of American Founding Fathers at the time the US Constitution was written.
Truth is an undeniable pillar of good government and this is especially valid in the US judicial system where the truth is held sacred. The public's best interest is always served by the truth and any lie told in an official capacity is a breach of the public trust because it supports the furtherance of a hidden agenda.
This being so, Obstruction Of Justice, the end result of which is to establish a lie, is also a breach of the public trust. The common essence of Bribery, Perjury and Obstruction are lies and deception to pursue a hidden agenda contrary to the public's best interest.
Therefore, these crimes are clear violations of the public trust and impeachable.
(November 4, 2003 issue)
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