While it is obvious that the votes aren’t presently available to impeach the president this doesn’t mean that hearings and discussions about the subject shouldn’t take place. The public needs to be educated as to the specific crimes that have been committed so that they will understand the issues when the new congress takes office.
While most people think that lying to the people in order to wage wars is grounds, the president is pretty well shielded from any consequences of actions he takes in office as long as he does them in “good faith”.
The basis for impeachment must reside in actual violations of the constitution.
Here is the oath of office required of the president:
“I do 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.”
Article II, section 3 states:
[The President]
…he shall take care that the laws be faithfully executed…
Article I, section 8 states:
[Congress]
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
As has been pointed out in a recent dailyKos diary
http://www.dailykos.com/story/2006/10/5/161550/640
the president’s signing statements have no legal basis. My point is that they are not just without basis, but are a violation of the articles quoted above. The president has now put in writing (several hundred times) the explicit statement that he will not faithfully execute the laws. This is grounds for impeachment. It is sufficient on its face. The president has stated his intentions to violate Article II section 3.
I have also tried to point out how congress has been violating the constitution as well. There seems to be no specific penalty for doing this, however. Congress passes unconstitutional laws and the courts strike them down. The mechanism for judicial review is laid out in the constitution as well. Two perfect examples from just this past week. The retroactive law to exempt people from existing rules over torture. Here is the part of the Constitution that prohibits this.
Article I, section 9 states:
[Congress]
No bill of attainder or ex post facto Law shall be passed.
In addition congress has attempted in several cases to add clauses to legislation that prohibits the courts from reviewing the law itself. Congress cannot legislate the function of the courts. The relevant clause:
Article III, section 2 state:
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority…
I posted an essay on how the present administration is violating the legal bases for a democracy. This goes beyond specific clauses in the constitution and extend to the fundamental principles of what a democracy is. If you missed it here is a link:
http://www.boomantribune.com/story/2006/10/5/92655/9368
The point is that it is not just the president who is violating the constitution, but that congress is trying to undermine the principles of democracy as well. Without a sharp change of direction we are in danger of becoming a pseudo-democracy like Nazi Germany, or the South American banana republics. This should be the issue facing us in the coming election, not lies or sex scandals.