Isabella Carter
Benjamin Franklin was a leading voice in the debates framing the US Constitution and was the oldest and probably wisest delegate at the 1787 Constitutional Convention in Philadelphia, where impeachment was a hotly debated topic. Franklin argued that impeachment was preferable to assassination, which was the more traditional way of removing a monarch in Europe. He believed that impeachment was a way to hold leaders accountable and ensure they were not above the law, stating that when the president falls under suspicion, a regular and peaceable inquiry is needed. Franklin's views influenced the inclusion of the impeachment clause in the US Constitution, which allows for the removal of the President, Vice President, and all civil officers of the United States if found guilty of treason, bribery, or other high crimes and misdemeanors.
| Characteristics | Values |
|---|---|
| Reason for including impeachment in the constitution | To remove an official who had “rendered himself obnoxious” |
| To prevent assassination, which would leave the political official “not only deprived of his life but of the opportunity of vindicating his character” | |
| To remind both the country and the president that he is not above the law | |
| To provide a fair and reliable method to resolve suspicions about misconduct | |
| To remind the president that he is not a king | |
| To provide the Constitution for the regular punishment of the Executive when his misconduct should deserve it, and for his honorable acquittal when he should be justly accused |
Explore related products
What You'll Learn
Impeachment is better than assassination
Benjamin Franklin was a leading voice in the debates framing the US Constitution, particularly regarding the impeachment of the President. He argued that impeachment was preferable to the more traditional way of removing a monarch in Europe – by death.
Franklin and the other Founding Fathers drew on the ancient Roman practice of impeachment, in which only senators could be impeached, not the emperor. This often led to chaos-making political assassinations. The Founding Fathers also considered the absence of a structure for impeaching the leader in British politics, where the monarch is unimpeachable.
Franklin argued that without impeachment, citizens' only recourse was assassination, which would leave the political official "not only deprived of his life but of the opportunity of vindicating his character." He believed that impeachment was a way to provide "a fair and reliable method to resolve suspicions about misconduct" and that it was important to remind both the country and the president that the latter is "not above the law."
Impeachment is a political process that is not a criminal prosecution. It is intended to have many important purposes beyond just removing a president from office. For example, it can be used to defend the community against the "incapacity, negligence, or perfidy of the chief magistrate." It can also be employed as a check in a system of checks and balances to potentially remove the President, Vice President, and all civil Officers of the United States if found guilty of treason, bribery, or other high crimes and misdemeanors.
In conclusion, impeachment is better than assassination because it is a less violent, less disruptive, and less error-prone way of removing an official from office. It also provides an opportunity for the accused to vindicate their character and ensures that no one is above justice.
Electoral College: When Did It Enter the Constitution?
You may want to see also
Impeachment is a break from English practice
Benjamin Franklin was a leading voice in the debates framing the Constitution. He argued that impeachment was preferable to the more traditional way of removing a monarch in Europe – by death. Franklin and others like Alexander Hamilton, paid special attention to impeachment because British politics didn’t have a structure for impeaching the leader. The British crown—the king or queen—is literally unimpeachable.
Franklin said that when the president falls under suspicion, a “regular and peaceable inquiry” is needed. He believed that impeachment was a better way to deal with political officials who had “rendered himself obnoxious". Without impeachment, Franklin argued, citizens’ only recourse was assassination, which would leave the political official “not only deprived of his life but also of the opportunity of vindicating his character”.
In Franklin's view, impeachment would allow for the "regular punishment of the Executive when his misconduct should deserve it, and for his honorable acquittal when he should be justly accused". He believed that impeachment was a way to hold leaders accountable and ensure they were not above the law.
The Founding Fathers wrote impeachment—originally a Roman political institution—into the constitution for the purpose of removing an official who had “rendered himself obnoxious”. Impeachment was a decisive break with English practice, where the monarch was immune from impeachment and could only be removed by assassination. The inclusion of impeachment in the US Constitution was a rejection of this English practice and a step towards establishing a system of checks and balances on executive power.
Understanding Collective Bargaining Agreements in Labor Disputes
You may want to see also
Impeachment is a check in a system of balances
Franklin argued that without impeachment, the only recourse for citizens was assassination, which would leave the political official "not only deprived of his life but of the opportunity of vindicating his character". Impeachment, Franklin believed, was a better alternative to the more traditional way of removing a monarch in Europe, which was by death.
At the 1787 Constitutional Convention in Philadelphia, Franklin, the oldest and probably wisest delegate, said that when the president falls under suspicion, a "regular and peaceable inquiry" is needed. The Founding Fathers viewed impeachment as a regular practice with three purposes: to remind both the country and the president that the latter is not above the law; to provide a fair and reliable method to resolve suspicions about misconduct; and to hold the president accountable for their actions.
Impeachment was also seen as a way to ensure the good behaviour of the president. As William Davie of North Carolina argued, without the possibility of impeachment, "he will spare no efforts or means whatever to get himself re-elected". Elbridge Gerry of Massachusetts added that while a good president would not worry about impeachment, a "bad one ought to be kept in fear" of it.
The impeachment process in the US Constitution allows for the removal of the "President, Vice President, and all civil Officers of the United States" if found guilty of "Treason, Bribery, or other high Crimes and Misdemeanors". The Founding Fathers did not think that impeachment should happen for just any reason, and the grounds for impeachment have been fleshed out over time.
Coin and Print Money: Constitutional Control
You may want to see also
Explore related products
Impeachment is not a criminal prosecution
Benjamin Franklin, along with other Founding Fathers, played a crucial role in shaping the United States Constitution, particularly regarding the inclusion of impeachment. Impeachment, an ancient Roman concept, was included as a mechanism to hold government officials accountable and address their misconduct. Franklin and his contemporaries sought to prevent political assassinations, which were often the only recourse against tyrannical leaders in the absence of a formal impeachment process.
Impeachment, as established by the Founding Fathers, is not equivalent to criminal prosecution. It is a process outlined in the Constitution to address the misconduct of public officials, specifically "injuries done immediately to the society itself." The Constitution explicitly states that "Judgment in cases of impeachment shall not extend further than removal from office," indicating that impeachment is not intended as a criminal punishment. Instead, it is a means to protect the nation from leaders who have abused their power or engaged in "high crimes and misdemeanors."
The distinction between impeachment and criminal prosecution is further emphasized by the fact that impeached officials may still face criminal charges in a subsequent proceeding. The purpose of impeachment is not to punish criminal behaviour but to remove individuals from office who have violated the public trust. This interpretation is supported by historical precedent. For example, in 1803, Judge John Pickering became the first American to be impeached, convicted, and removed from office for being "a man of loose morals and intemperate habits," which was not a criminal offence.
The Founding Fathers, including Franklin, envisioned impeachment as a tool to hold leaders accountable and ensure good behaviour. They understood that the removal of a president or other civil officers is a serious matter that disrupts the political landscape. By including impeachment in the Constitution, they provided a mechanism for addressing misconduct without resorting to violent or drastic measures such as assassination.
In conclusion, the inclusion of impeachment in the Constitution by Benjamin Franklin and the Founding Fathers was a decisive break from European and British traditions, where leaders were often removed through death or unimpeachable authority. Impeachment serves as a peaceful and orderly process to address misconduct, with the explicit understanding that it is not a criminal prosecution but rather a unique procedure to safeguard the nation from leaders who have abused their power or engaged in "high crimes and misdemeanors."
The USS Constitution: Civil War's Veteran Ship
You may want to see also
Impeachment is a reminder that the president is not above the law
Benjamin Franklin, one of the Founding Fathers, was a leading voice in the debates framing the US Constitution. He was the oldest and probably the wisest delegate at the 1787 Constitutional Convention in Philadelphia, where impeachment was a hotly debated clause. Franklin and the other Founding Fathers wrote impeachment into the Constitution as a means of removing an official who had "rendered himself obnoxious".
Franklin argued that without impeachment, citizens' only recourse was assassination, which would leave the political official "not only deprived of his life but of the opportunity of vindicating his character". He believed that impeachment was preferable to the more traditional way of removing a monarch in Europe – by death. He also said that when the president falls under suspicion, a "regular and peaceable inquiry" is needed.
Impeachment, which originated in ancient Rome, was viewed by the Founding Fathers as a regular practice with three purposes: to remind both the country and the president that the president is not above the law, to provide a fair and reliable method to resolve suspicions about misconduct, and to remove the president from office. The delegates at the Constitutional Convention repeatedly agreed with the assertion by George Mason of Virginia, that "no point is of more importance...than the right of impeachment" because no one is "above justice".
The impeachment process was designed to start in the House of Representatives and conclude with a trial in the Supreme Court. However, this was changed at the last minute, and the Senate was given the power to conduct impeachment trials and remove officials from office. The Constitution makes clear that impeachment is not a criminal prosecution, and that the sanctions for an impeached individual are limited to removal from office and potentially a bar from holding future office.
The Constitution's Established Principles
You may want to see also
Frequently asked questions
Benjamin Franklin believed that impeachment was a better alternative to the more traditional way of removing a monarch in Europe – by death or assassination.
Benjamin Franklin, the oldest and probably wisest delegate at the 1787 Constitutional Convention, said that when the president falls under suspicion, a “regular and peaceable inquiry” is needed.
The Impeachment Clause was added to the U.S. Constitution in 1787. It states that "The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."
The Impeachment Clause did not include Members of Congress, as they are not considered civil officers subject to impeachment and removal.
Benjamin Franklin believed that impeachment was necessary to hold leaders accountable and ensure they were not above the law. He also saw it as a way to provide a fair and reliable method to resolve suspicions about misconduct.
![Founding Fathers [DVD]](https://m.media-amazon.com/images/I/71f9-HsS5nL._AC_UY218_.jpg)
