Saturday, September 16, 2006

We the people can impeach the president - who needs Congress

An alert reader notified me that there is a mechanism for WE THE PEOPLE to begin the impeachment proceedings. THIS IS NOT A JOKE. George Bush will be in office for 2 more years, considering it only took 6 months of his administration for most of the world to hate us, I shudder to think the damage he can do in two more years.

So......here is the information and the link to the site that discovered this little used law and little known of procedure. Everyone must act quickly, we have seen how the slightest threat to their power is rapidly met and smothered. Let's get the signatures we need before they decide to close our only avenue to take back our country, and return it to the condition it was in before he was "voted" in.

I don't know about you, but I want to be able to hold my head up and be proud of being an American. I am tired of apologizing for my country.


Do-It-Yourself Impeachment...Impeach bush yourself logo

Impeach for Peace, a Minnesota-based impeachment group, has researched a method for impeaching the president using a little known and rarely used part of the Rules of the House of Representatives ("Jefferson’s Manual"). This document actually empowers individual citizens to initiate the impeachment process themselves.

"Jefferson's Manual" is an interpretive guide to parliamentary procedure, and is included (along with the Constitution) in the bound volumes of the Rules of the House of Representatives. The section covering impeachment lists the acceptable vehicles for bringing impeachment motions to the floor of the House.


Before the House Judiciary Committee can put together the Articles of Impeachment, someone must initiate the impeachment procedure. Most often, this occurs when members of the House pass a resolution. Another method outlined in the manual, however, is for individual citizens to submit a memorial for impeachment.


After learning this information, Minnesotan and Impeach for Peace member (Jodin Morey) found precedent in an 1826 memorial by Luke Edward Lawless which had been successful in initiating the impeachment of Federal Judge James H. Peck. Impeach for Peace then used this as a template for their "Do-It-Yourself Impeachment." Now any citizen can download the DIY Impeachment Memorial and submit it, making it possible for Americans to do what our representatives have been unwilling to do. The idea is for so many people to submit the Memorial that it cannot be ignored.

Feel free to download it, print out TWO copies, fill in your relevant information in the blanks (name, State, etc.), and send in two letters today (One to the head of the Judiciary, and the other to John Conyers lead Democrat in the House Judiciary). There's also extra credit for sending a DIY Impeachment to your own representative.


Hold on to the other copy of the two letters until October 12th when we're having everyone send them in.

That's right — to make a big impact, we're having everyone send it in on the same date (Over 165,000 downloads so far representing over 622,000 mailings). We hope to flood the Judiciary Committee and John Conyers office with sacks of mail and cause a newsworthy event to further pressure the Congress to act on the memorials. Although, it's important to keep in mind that in the 1826 precedent, impeachment resulted as a result of a single memorial. Yours might be the one.

Get the PDF to send in, and DIRECTLY initiate the impeachment of Bush:
•Regular Version [pdf]• (html version)

•Extra Credit (your representative) [pdf]• (html version)

•For folks in District of Columbia [pdf]• (html version)

•District of Columbia Extra Credit!! [pdf]• (html version)

Suggested voluntary donation to help with organization's expenses (web hosting/protests/printing of flyers/etc.): $5. We are not-for-profit. 100% of funds go directly to efforts to Impeach Bush!

Frequently asked Questions and Answers

Concerns over the strategy of pushing for impeachment in this way?
See the 'Arguments Against Impeachment' at the bottom of the main page.

Audio, provided with permission from the "Mike Malloy Show."


EMAIL ALL YOUR FRIENDS ABOUT THIS!!

We would especially like to thank ImpeachBush.tv for their support, and whose charges related to impeachment we used in the creation of this document.

Also, if you're interested:

Information regarding Impeachment procedure

Precedent: Judge Peck's Impeachment supplied by the U.S. House of Representatives and policyreview.org.
House rules that allow for the submission of the memorial


Jefferson's Manual

Jefferson's Manual is a sort of interpretive guide to parliamentary procedure, and is included (along with the Constitution) in the bound volumes of the Rules of the House of Representatives.
Within the Manual itself, the section covering impeachment is designated Section LIII. Section 603 refers to the section of the entire volume (including the Constitution and Rules) in which you'll find the listing of acceptable vehicles for bringing impeachment motions to the floor.

"In the House of Representatives there are various methods of setting an impeachment in motion: by charges made on the floor on the responsibility of a Member or Delegate (II, 1303; III, 2342, 2400, 2469; VI, 525, 526, 528, 535, 536); by charges preferred by a memorial, which is usually referred to a committee for examination (III, 2364, 2491, 2494, 2496, 2499, 2515; VI, 552); or by a resolution dropped in the hopper by a Member and referred to a committee (April 15, 1970, p. 11941-2); by a message from the President (III, 2294, 2319; VI, 498); by charges transmitted from the legislature of a State (III, 2469) or Territory (III, 2487) or from a grand jury (III, 2488); or from facts developed and reported by an investigating committee of the House (III, 2399, 2444)."

Source: U.S. Government Printing Office

Precedents:
Hinds - III, 2364, 2491, 2494, 2496, 2499, 2515

Cannon's - VI, 552


Peck and contempt (care of policyreview.org)


There is the case of Judge James H. Peck, an 1830-31 impeachment and acquittal. President Monroe had appointed Peck to the bench in 1822. In 1828, the Democrats swept to power. That met the condition for partisan conflict.


Peck was judge in Missouri in a series of land claim cases in the territory of the Louisiana purchase. The law was complicated, the interests involved huge. In the first such case, in 1825 (the account here draws mainly on Bushnell’s in Crimes, Follies, and Misfortunes), Peck ruled against the client of a lawyer named Luke Edward Lawless. Because of the high degree of interest in the case, Peck published his ruling in a St. Louis newspaper in 1826. Shortly thereafter, a detailed rebuttal of Peck’s ruling appeared in another newspaper under the byline, "A Citizen." Peck was furious at the attack. He believed the "Citizen" rebuttal, in addition to its flawed legal reasoning, was replete with errors and misrepresentations of his ruling. Lawless’s authorship soon became known.


Bushnell writes:
Peck held the letter to be a contempt of court, sentenced Lawless to twenty-four hours in jail, and suspended him from practicing in federal court for eighteen months [a serious blow to Lawless’s livelihood as a lawyer specializing in land claims before the federal courts]. As the basis of the contempt ruling, Peck found that Lawless acted "with intent to impair the public confidence in the upright intentions of said court, and to bring odium upon the court, and especially with intent to impress the public mind, and particularly many litigants in this court, that they are not to expect justice in the cases now pending therein."


Lawless felt he was entirely within his rights to criticize a published decision and saw the contempt ruling as a tyrannical affront to the Constitution. He began a long crusade against Peck that ultimately led to impeachment nearly five years later on one article dealing solely with the judge’s treatment of Lawless. The article accused Peck of acting "to the great disparagement of public justice, the abuse of judicial authority, and to the subversion of the liberties of the people of the United States." James Buchanan, who went on to be elected president in 1856, was chairman of the House managers.


Peck maintained that his contempt ruling was within his powers as a judge, and his defenders argued that even if it went too far, Peck did not, as the article alleged, act with bad intent, believing that he possessed sufficient authority for his actions. At a minimum, however, it seems fair to say that Peck’s actions from the bench were harsh enough to meet the test of genuinely dubious conduct.


Peck was acquitted with 21 votes in favor of removal and 22 against. Where was the abuse of the separation of powers here? In this case, not in the statute books but in the common law — the precedents Peck relied on to hold Lawless in contempt and to sentence him harshly. As Bushnell observes, Peck’s defenders "sought to refute the charge of abuse of the contempt power by citing English and American precedents supporting the authority of courts to punish for contempts like Lawless’s." The House tried to hold his conduct to the standard of its more circumscribed view of judicial contempt powers. The Senate was not willing to rely on the House’s assertions to the extent necessary to remove Peck.


But the Senate, like the House, can hardly be said to have found Peck’s conduct salutary. Both chambers amply demonstrated this by approving, within a month of Peck’s acquittal, legislation introduced by Buchanan restricting contempt findings in federal courts roughly along the lines of the terms the House managers had unsuccessfully tried to apply in Peck’s impeachment. Contempt could be found in misbehavior in a courtroom or close enough to it to disturb its proceedings; or in misbehavior in such business of the courts’ as filing motions and briefs; or in the failure to obey a lawful court order. It could not be found in a newspaper rebuttal to a court’s decision. Buchanan’s legislation governs contempts in federal courts to this day.

Lawless' actual memorial: Source-U.S. House Precendents: Hinds III, 2496-2499

More information on Peck's impeachment; Carnegie Mellon University Universal Library


Petitions, memorials, and private bills

[109th Congress House Rules Manual -- House Document No. 108-241]
[From the U.S. Government Printing Office Online Database]
[DOCID:hruletx-69]

[...]
[[Page 593]]
Rule XII
receipt and referral of measures and matters
[[Page 599]]
Petitions, memorials, and private bills
3. If a <> Member, Delegate, or Resident
Commissioner has a petition, memorial, or private bill to present, he
shall endorse his name, deliver it to the Clerk, and may specify the
reference or disposition to be made thereof. Such petition, memorial, or
private bill (except when judged by the Speaker to be obscene or
insulting) shall be en
[[Page 600]]
tered on the Journal with the name of the Member, Delegate, or Resident
Commissioner presenting it and shall be printed in the Congressional
Record.
At the first organization of the House in 1789 the rules then adopted
provided for the presentation of petitions to the House by the Speaker
and Members, and for the introduction of bills by motion for leave. In
1842 it was found necessary, in order to save time, to provide that
petitions and memorials should be filed with the Clerk. In 1870, 1879,
and 1887 the practice as to petitions was extended to private bills, at
first as to certain classes and later so that all should be filed with
the Clerk (IV, 3312, 3365; VII, 1024). Before the House recodified its
rules in the 106th Congress, this provision was found in former clause 1
of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47).
Petitions, memorials, <> and other papers addressed to the House may
be presented by the Speaker as well as by a Member (IV, 3312). Petitions
from the country at large are presented by the Speaker in the manner
prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may
present a petition from the people of a State other than his own (IV,
3315, 3316). The House itself may refer one portion of a petition to one
committee and another portion to another committee (IV, 3359, 3360), but
ordinarily the reference of a petition does not come before the House
itself. A committee may receive a petition only through the House (IV,
4557).


Source: U.S. Government Printing Office


"I just want you to know that, when we talk about war, we're really talking about peace."
Bush, June 18, 2002

"War is Peace"
Big Brother in George Orwell's 1984
Impeach for Peace icon

the link

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