Impeachment 101: Why, When, and How the President Can Be Removed from Office | Big Think

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Impeachment 101: Why, When, and How the President Can Be Removed from Office
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It's hard not to write about the laws of impeachment without invoking the current POTUS, Mr Donald J. Trump. A former reality-star with no governing experience, Trump has set foreign relations into a panic with his rage-fueled Tweeting habit.
In almost every public moment since the election (and before it) — from his talk about grabbing women by the genitals to mocking a disabled reporter to suggesting the 2017 Puerto Rico hurricane wasn't a "real" disaster — he's offended the majority of Americans.
Cass Sunstein walks us through how it could come to be. And it's a lot easier than you might think. Cass Sunstein's research is cited in The Influential Mind: What the Brain Reveals about Our Power to Change Others byTali Sharot.
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CASS SUNSTEIN:

Cass Sunstein is an legal scholar, known for his work in the fields of constitutional law, administrative law, environmental law, and law and behavioral economics, who was the Administrator of the White House Office of Information and Regulatory Affairs in the Obama administration. For 27 years, Sunstein taught at the University of Chicago Law School, where he continues to teach as the Harry Kalven Visiting Professor. Sunstein is currently Professor of Law at Harvard Law School.
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TRANSCRIPT:

Cass Sunstein: Impeachment it turns out was a very central part of the Constitution of the United States meaning it’s obscure, people don’t know about it, but it probably was necessary for the Constitution actually to be ratified by the American people. You can see the impeachment clause, and I’m going to explain its content in a moment, but you can see it as part of the American Revolution itself in the sense that the revolt against a king who was a leader who had authority over 'We the People' was incomplete if we didn’t have a mechanism by which we could get rid of our leaders, including the president, which was a way of ensuring we didn’t have anything like a monarchy.

Now the way impeachment worked is that in the early American colonies before America was America we started impeaching people who were following orders from the king. And what that meant was that an abusive authority would be called out by some legislative assembly and in the initial phase what would happen would be there would just be a vote that the person had abused authority and then if the thing fell to completion, and this goes back to England, there would be a trial. And in the trial the person would be convicted of the offense for which impeachment was had and if convicted the person would be removed from office. So to bring this back to the American structure as it developed after the Revolution and after the Constitution came into place, and this was thought through with such care in Philadelphia when the Constitution was debated, the idea was that if there is a high crime and misdemeanor, and we can talk a bit about what that means, or if there’s treason or bribery then the House of Representatives by majority vote can impeach the President, the Vice President, Supreme Court justices, members of the cabinet. And what that means is there’s a kind of official judgment that the person has done something very, very bad and after that the proceeding moves to the Senate, which is acting like a court and which decides whether to convict, which means to remove the person from office. The House makes the impeachment vote by a majority vote. That doesn’t mean anyone has to leave office. It then goes to the Senate, which if it votes by a 2/3 majority to convict on the ground on which the let’s say President was impeached then the person is, as they say about baseballs that are hit very hard... the President is gone.
Yes. Because the word 'high crimes and misdemeanors' seems to mean kind of felonies, high crimes and misdemeanors, the normal current reader would think oh is there a crime? If you go back to the 18th century it’s actually a lot more inspiring than that and kind of fitting with a system that’s committed to self-government. So if there’s a crime, let’s call it jaywalking or shoplifting or not paying your income taxes, that’s not a high crime or misdemeanor in the constitutional sense. What is meant by high crime and misdemeanor is an abuse of official authority and shoplifting or income tax evasion that’s a crime, it’s not an abuse of official authority.

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I think people who disliked the video didn't watch.

celaesthetic
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A lot of dislikes. How is he wrong, exactly? Genuinely interested, I don't live in the US.

MotorGoblin
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Man, Ted from Scrubs sure moved up in the world.

shirosenshiesq
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What it comes down to is, the legal definition of an impeachable offense is whatever the people in congress want it to be.

TASmith
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The guy who wrote Nudge is talking about an abuse of authority. Come on Cass, you don't care about the limitations of federal power in the constitution.

AmericanFire
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I honestly have no idea why someone could reasonably dislike this video unless on grounds of gross assumptions outside of what Sunstein said

MrSmilesPL
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why does this have 140+ dislikes? it's simply the rules and history of impeachment.

JewTube
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Add me to the list of people who wish Big Think wouldn't cover the guest's face at the end with the outro cards. Elongating the video slightly or placing the buttons so that they don't cover the face would be much better.

kpc
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Now this is a proper intellectual conversation. Glad I watched this

angelic
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can we apply this same concept to judges? and in fact any office?

eaudesolero
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So spending too much time on playing golf, could turn out as an impeachable offence.

mysund
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The reason something like impeachment hasn't happened presently is our "representives" and senators personally don't want to impeach despite public opinion and approval rating. I'd like to impeach some senators for misrepresentation if I could and work our way up to president.

Jormungrandrserpent
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'Like a baseball...the President is gone.' While an appealing image, it's a lousy analogy. Lol

ericjohnston
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I don't think you'll be able to impeach Trump. I don't want you do impeach Trump, but I REALLY want to see you try.

JoeNeutrino
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Don't you think America would be better off with a parliamentary system instead, so in this case If Trump is unpopular, the ruling party (currently Republican) would have a vote of no confidence there by ending Trumps tenure and electing a interim Prime Minister.

bupkis
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"Get that guy out of here." - is what he is saying.

LeonidasGGG
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I don't think there is anything inherently wrong with this video, but the timing sure is unfortunate.

JnzH
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History lesson on impeachment having nothing to do with Trump = triggered Trump fans.

lasaboteur
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Guys guys, settle down. Obviously this video was planned for 4 years ago and they just took a while with the finishing touches.

empathylessons
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🦅🇺🇸🦅🇺🇸 Trump 🇺🇸🦅🇺🇸🦅
Supreme Ruler for Eternity ⚔️

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