Showing posts with label federal. Show all posts
Showing posts with label federal. Show all posts

December 27, 2019

Is a President Impeached if it Does Not Go to The Senate

I have seen a few things arguing back and forth about if Trump is impeached or not. Most of them contain legal terms, metaphors, or references to the British laws around all the house of lords stuff that we got the impeachment stuff from. I notice this more and more, but the real problem in my opinion, stems from language changes. People now do not speak like people from them. Writing is also different than how we speak, and that has changed as well. I am no legal expert or language expert, but I am an IT person who hinges everything on logic. So let us look at things from a logical computer perspective because why not.

The argument seems to stem over whether impeachment is a process or a declaration by vote. It is being compared to the term indicted, but by logic different words are used for a reason. Let's check out the etymology first.

formerly also empeach, late 14c., empechen, "to impede, hinder, prevent;" early 15c., "cause to be stuck, run (a ship) aground," also "prevent (from doing something)," from Anglo-French empecher, Old French empeechier "to hinder, stop, impede; capture, trap, ensnare" (12c., Modern French empĂȘcher), from Late Latin impedicare "to fetter, catch, entangle," from assimilated form of in- "into, in" (from PIE root *en "in") + Latin pedica "a shackle, fetter," from pes (genitive pedis) "foot" (from PIE root *ped- "foot"). In law, at first in a broad sense, "to accuse, bring charges against" from late 14c.; more specifically, of the king or the House of Commons, "to bring formal accusation of treason or other high crime against (someone)" from mid-15c.  The sense of "accuse a public officer of misconduct" had emerged from this by 1560s. The sense shift is perhaps via Medieval Latin confusion of impedicare with Latin impetere "attack, accuse" (see impetus), which is from the Latin verb petere "aim for, rush at" (from PIE root *pet- "to rush, to fly"). The Middle English verb apechen, probably from an Anglo-French variant of the source of impeach, was used from early 14c. in the sense "to accuse (someone), to charge (someone with an offense)."

So what does all that mean? Well it says to accuse, bring charges against when talking about law. Specifically, formal charges. This is where the little logic loop is coming from. The president is accused, but since the Senate does not have the stuff, the charges have not been brought. This still is not a definitive answer, as this is the word generically which to me seems like it could be interpreted both ways right now. He is accused, but there are no charges being brought up yet.

In one of the videos I watched, the key piece being brought to say he is impeached is where it states the House of Representatives has the "sole power of impeachment." This is where language is going to get annoying. The law also says that the Senate has the sole power to try the impeachment. So let's put these side by side and compare with logic.

"SOLE POWER OF IMPEACHMENT" and "SOLE POWER TO TRY ALL IMPEACHMENTS"

To try an impeachment would, to me, indicate that it is being used in the form of an accusation. This falls in line with the result if the charges go through, that being the point a president would actually be removed from office. If that works well, let's apply it backwards. Sole power of accusation (impeachment). This to me means that the main separation for the "sole power of impeachment" means they are the only ones who can start the ball rolling.

So back to the question, is he impeached after a vote if it has not reached the Senate yet? If I were programming something to give an answer on that, legally, sure? I can see an argument for either direction, but the bigger argument I see is that unless it goes to the senate and has a trial and results in actually going through, it's purely a moot point. The impeachment in a legal sense is nothing more than a formal accusation.

I think another problem we are having is people in our system are doing things that make no sense to drag out the dog and pony show that just frustrates everyone. I blame career politicians.

December 16, 2019

The Current State of Virginia

I have only been following from afar the news in Virginia about the proposed gun laws and Second Amendment sanctuary cities. Personally, I do not know much about Virginia or its current or past political dealings. From what I understand is that it is primarily Democrat run and now there are a few proposed legislation gearing up for 2020 that would severely damage gun rights. When I say damage gun rights, we are talking about possible waves of confiscation and registration for what are perfectly common use firearms. There have also been threats of the National Guard being called in, sheriffs being removed, and the obvious talk of the Big Igloo aka boogaloo aka a real recreation of events of 1776.

From my understanding, the Democrats want to not only restrict the guns, but also parts, and even militia groups. This is astounding to me, we are a country that was formed and fought for by militia, I should clarify the term militia even back then was used to refer to a civilian formed military group. If you aren't aware, there are still many active militias across the US, and if you want to join one you can just look online for militias in your state or even form your own. Some may wonder why they form, and they all have different reasons. They're not usually all crazy and gearing up for war, but can even be as simple as people maintaining readiness to act in an emergency or disaster. A militia exercises our rights to not only the second amendment, but the right to assembly (peaceful, anyway) in the first amendment. As long as the group is not violent, a militia is covered by the first and second amendments of the US Constitution. So from my understanding, the Virginia government is stepping on both of those rights.

The alarm is real and I don't think people fully understand the gravity of the situation and what it presents. While people focus on the second amendment violations, of which have occurred and people seem to accept some infringement there for whatever reason, they are also stepping on the toes of the first amendment. To then threaten the involvement of the National Guard is elevating a state issue to a federal issue, which shouldn't occur unless there is a federal reason, such as violation of the constitution, in which case the National Guard should be going against the state and not the people. Then you have the state trying to step on the rights of the cities and counties by threatening to remove their elected officials.

What we are witnessing in Virginia is more than the reason for the second amendment. It's the reason we set up so many layers of checks and balances and distribution of power. This was going to happen sooner or later. I do not know if it is better this is happening on a state level as opposed to a federal level. The reason is that I believe this is the kick in the stomach people needed to see exactly what kind of a road they decided to venture down. I just don't know if it is enough to bring that realization to the whole country. This is because people said it was okay to have some restrictions. The Constitution had the line drawn and it got blurred. Now we are heading further and further down a dangerous path.

This isn't about gun rights. This is about all rights. This is about the rights of the individuals, their rights to assemble, their rights to protect themselves, their rights to their property. I hope this is the start of people waking up. I hope this all turns out for the best. I fear it may only be the tip of the iceberg.