Donald Trump has destroyed the U.S. Constitutionalism —— Did he deserve the second impeachment?

Donald Trump has destroyed the U.S. Constitutionalism 

—— Did he deserve the second impeachment?  

Author: Baosheng Guo   A Chinese dissident and media commentator  

Date: March 25, 2021    

The American democracy is a remarkable sample for the world, as President Reagan said, "It is a shining city upon a hill." However, an unbelievable riot occurred in Capitol Hill on January 6th, 2021, that threatened the safety and reputation of America's democracy and constitution. This insurrection happened between the American government's first branch and its second branch. In other words, the American congress was sieged by a mob of President Trump supporters who were provoked by Trump. The entire world's people were stunned, confused, feeling that American democracy, the rule of law, and constitutionalism were untrustworthy.   

Because of Trump's constant misconduct, the House of Representatives invoked the constitutional power to impeach Trump from his presidential authority. The most influential Constitutional foundation relies on Article II Section 4 of the Constitution, which provides, "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 National Constitution Center, The U.S. Constitution, 1988). Article 1, Section 2, and Section 3 authorizes the House and the Senate to impose an impeachment: "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment", "The Senate shall have the sole Power to try all Impeachments." (The National Constitution Center, The U.S. Constitution, 1988). Donald Trump, the 45th president of the United States, deserves impeachment for the second time by Congress, according to these Constitution's foundations and the plethora of evidence. Specifically, President Trump has not only breached the Separation of Power, but he has also harmed the position and function of Congress, betrayed the Representative Democracy, and suspected of inciting the insurrection.  

At first, Trump has violated the vital principle of the U.S. Constitution, which is the Separation of Power, and he interfered with the function of Congress. The Framers of the Constitution established three distinct branches of government: legislative, executive, and judicial, each with specific powers and responsibilities that check and balances with each other. The President, as the executive branch, has no authority to interfere with the process of certificating the outcome of the election according to the Constitution of the U.S. and the laws regarding general elections. However, President Trump still hasn't conceded the outcome of the election. Instead, proclaiming stolen votes and rigged ballots since November 7th, 2020. He has filed over 60 lawsuits across federal and state courts to prove fraud voters and support his patrons to pressure the State Congress and National Congress to overturn the election. Under the Electoral Count Act of 1887, and the Twelfth Amendment of the Constitution (Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress. 2016), only the national Congress and state government have authority to certify the result of the election. In other words, in each state, the Electoral College certified the results of the election at the state's capital on December 14th, 2020, and the U.S. Congress joint session certified the outcome of the election on January 6th, 2021.  

However, Trump rejected the outcome of each state's election that had been certified by the state government on December 14th. Also, he continued to spread false, inaccurate information about the election, such as how it was "stolen" and claiming he won the election on his social media and in his public appearances. For example, on December 18th, Trump tweeted, "we won the Presidential Election, by a lot. FIGHT FOR IT! Don't let them take it away" (Majority Staff of the House Committee on the Judiciary, The Second Impeachment Report.2021). Meanwhile, to overturn the outcome of the election, Trump's allies constantly stoke false and wild conspiracy theories.   

The U.S. Congress joint session has the sole power to certify the conclusion, Trump decided to use his supporter's assembly to protest in front of Capitol Hill to pressure the joint session to change the election results. So, he implemented three steps and stages to realize his plan.   

First, he urged his supporters to assemble in Washington DC on January 6th, by constantly tweeting and promoting to conduct a great assembly named, "Save America Rally." On December 19th, he tweeted, "Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th... Be there, will be wild!" On January 1st, he tweeted, "The BIG Protest Rally in Washington, D.C. will take place at 11:00 A.M. on January 6th. Locational details to follow. StopTheSteal!...I will be there! Historic day." (Majority Staff of the House Committee on the Judiciary, The Second Impeachment Report.2021).  

Secondly, he made a speech in the 'Save America Rally' and encouraged all participants to go and surround the Capitol to pressure the joint session to suspend the process of certifying. Trump said, "We will never give up. We will never concede. It doesn't happen. You don't concede when there's theft involved... We're going to walk down the capitol---And we're probably not going to be cheer on our brave senators and congressmen and women and we're probably not going to be cheering so much for some of them. Because you'll never take back our country with weakness." (National Public Radio: Read Trump's Jan. 6 Speech. 2021). Trump interfered with the position and function of Congress.   

The third step was that Trump threatened the host of the joint session, the President of Senate Mike Pence, to change the outcome of the general election. Under the Twelfth Amendment, the Vice President opens the electoral certificates in his capacity as President of the Senate, but he has no power to change the outcome of the electoral certificates (The National Constitution Center, The U.S. Constitution, 1988). Unfortunately, in Trump's speech of 'Save America Rally' he said, "All Vice-President Pence has to do is send it back to the States to recertify and we become president and you are the happiest people...Mike Pence, I hope you're going to stand up for the good of our Constitution and the good of our country. And if you're not, I'm going to be very disappointed in you. I will tell you right now. I'm not hearing good stories." (National Public Radio: Read Trump's Jan. 6 Speech. 2021). Trump pressured Mike Pence to abuse his duty and disrupted the task of the U.S. Congress joint session.  

Through these three steps, Trump has harmed the principle of the U.S. Constitution, the Separation of Power, and damaged Congress. War has happened between the government's first branch and its second branch. So, Trump should be held accountable for his misconduct or violation of the Constitution.  

The second reason why Trump deserved impeachment was that he betrayed the Representative democracy. Republicanism is one of the core principles of the Constitution, it requires the political power of government controlled by representatives and the people who represent them indirectly. First, the people would elect their representatives, then the representatives would represent the people to resolve their political issues. For instance, instead of the people, the representatives would confirm the outcome of the election, according to the Constitution and the Electoral Count Act (Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress. 2016).   

Article 2, Section 1, and Amendment 12 of the Constitution authorizes the representatives to clarify the outcome of the general election, "The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for and of the Number of Votes for each, which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President (The National Constitution Center, The U.S. Constitution, 1988)."  

Nevertheless, Trump constantly required his supporters to directly clarify the outcome of the general election instead of the representatives, so he wanted to implement Direct democracy. In the 'Save America Rally', Trump stated, "And we've got to get rid of the weak congresspeople, the ones that aren't any good, the Liz Cheney's of the world, we got to get rid of them", "our country has had enough. We will not take it anymore and that's what this is all about. To use a favorite term that all of you came up with, we will stop the steal...You'll never take back our country with weakness. You have to show strength, and you have to be strong." (National Public Radio: Read Trump's Jan. 6 Speech. 2021). Trump urged his supporters to replace the representatives to illuminate the conclusion of the election. When his supporters stormed into Capitol hill by trying to certify the result by themselves, they created a 'mob rule,' which is the rule of government by mobs or mass of peoples and the termination of legitimate authorities.    

The third reason for Trump's impeachment was because he incited the insurrection and prevented a peaceful transfer of power.  

The definition of insurrection in the Merriam-Webster dictionary is, "An act or instance of revolting against civil authority or an established government." (Merriam-Webster dictionary 1828). The Cambridge dictionary definition is, "An organized attempt by a group of people to defeat their government and take control of their country, usually by violence." (The Cambridge Dictionary 2021). Trump has not only incited his supporters to breach the U.S. government's first branch to take control of Congress but has also provoked his supporters to overturn the outcome of the election and revolt against the legitimate president-elect and government-elect. Therefore, his misconduct defined the definition of insurrection. Without a doubt, the president-elect and the government-elect are the legitimate, designated president and government also.  

The Fourteenth Amendment, Section 3 states, "No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President...... shall have engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability." (The National Constitution Center, The U.S. Constitution, 1988). This is the Constitutional foundation regarding impeachment for insurrection.           

Senate Republic leader, Mitch McConnell, said in Congress on January 19th, "The last time the Senate convened; we had just reclaimed the Capitol from violent criminals who tried to stop Congress from doing our duty. The mob was fed lies, they were provoked by the president and other powerful people. They tried to use fear and violence to stop a specific proceeding of the first branch of the federal government, which they did not like, but we pressed on. We stood together and said an angry mob will not get veto power over the rule of law in our nation, not even for one night. We certified the people's choice for their 46th president." (The Hill, McConnell: Trump 'provoked' crowd that stormed the Capitol. 2021).  Certainly, Trump has irritated the mobs on January 6, 2021.   

In Save America Rally, Trump said, "I said something is wrong here, something is wrong. Can't have happened and we fight, we fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore. Our exciting adventures and boldest endeavors have not yet begun. My fellow Americans, for our movement, for our children, and our beloved country... So, we're going to, we're going to walk down Pennsylvania Avenue. I love Pennsylvania Avenue. And we're going to the Capitol, and we're going to try and give." (National Public Radio: Read Trump's Jan. 6 Speech. 2021).  

Meanwhile, "By 2:07 PM, the mob breached the steps on the east side of the Capitol and, minutes later, were inside the Capitol itself. From that time, the insurrectionists desecrated the Capitol including by, among other acts, ransacking and looting Member offices, stealing and destroying electronics, government property, and sensitive materials, and engaging in violence, which eventually resulted in at least five deaths." (Majority Staff of the House Committee on the Judiciary, The Second Impeachment Report 2021).   

While the insurrectionists continue to damage the Capital building, Trump made a tweet to denounce the vice President, Mike Pence, because Pence refused to overturn the election because he believed this action would violate the U.S. Constitution. In response, Trump said, "Mike Pence didn't dare to do what should have been done to protect our country and our Constitution, giving States a chance to certify a corrected set of facts." Fueled by Trump's speech, the insurrectionists chanted and cried, "Hang Mike Pence!" inside the Capitol building and even erected the gallows in front of the Capitol to kill Mike Pence (Majority Staff of the House Committee on the Judiciary, The Second Impeachment Report.2021).   

Threatened by the insurrectionists, all members of congress, including Mike Pence, either escaped to a shelter in place, stayed under their desks, or were escorted by armed police out of the hazardous area. The election process was interrupted, and the Joint Session was delayed, until 8:00 p.m., where Congress resumed the process of counting electoral votes. Although it had been delayed for a short time, Trump's interference truly prevented and suspended the process of confirming the new government and a peaceful transition of power.   

In conclusion, Trump is a threat to U.S. democracy and committed "High Crimes and Misdemeanors," should be impeached. Most of the Republic Senate claim Trump's impeachment is unconstitutional because he was no longer in office at the time. But Mr. Chuck Cooper, who is a serious, conservative constitutional scholar, wrote in WSJ, "If removal were the only punishment that could be imposed, the argument against trying former officers would be compelling. But it isn't. Article I, Section 3 authorizes the Senate to impose an optional punishment on conviction: "disqualification to hold and enjoy any office of honor, trust, or profit under the United States. That punishment can be imposed only on former officers." (The Wall Street Journal, The Constitution Doesn't Bar Trump's Impeachment Trial, 2021). For example, at least one U.S. officer named William Worth Belknap, the 30th United States Secretary of War, was impeached when he was no longer in office in the 19th century. Trump's impeachment would've been a success if the goal of his impeachment was to disqualify him from ever holding office again rather than to convict him.   

Although Trump was an acquittal in his second impeachment, his misconduct for hurting the Constitution and obstructing the transition of power will be condemned in the future. It's as Mrs. Nikki R. Haley, one of the Republic party's leaders, said in WSJ, "Here's my take: Most of Mr. Trump's major policies were outstanding and made America stronger, safer, and more prosperous. Many of his actions since the election were wrong and will be judged harshly by history. That's not a contradiction. It's common sense." (The Wall Street Journal, The Media Tries to Divide Republicans, 2021). Trump's presence has been a threat to U.S. democracy and the reputation of the Republic party. So, I recommend that we should build a new Republic party without Donald Trump and try our best to prevent him from holding a public office in the foreseeable future. 

Annotated Bibliography  

1. The National Constitution Center (1988). The U.S. Constitution. 

Retrieved March 24, 2021 from 

https://constitutioncenter.org 

2. Majority Staff of the House Committee on the Judiciary, The Second Impeachment Report (2021)   Materials in Support of H. Res. 24, Impeaching Donald John Trump, President of the United States, for High Crimes and Misdemeanors.  

Retrieved March 24, 2021 from   

https://judiciary.house.gov/uploadedfiles/house_judiciary_committee_report_-_materials_in_support_of_h._res._24.pdf?utm_campaign=4640-519 

3. National Public Radio: Read Trump's Jan. 6 Speech, A Key Part of Impeachment Trial (2021) 

Retrieved March 24, 2021 from 

https://www.npr.org/2021/02/10/966396848/read-trumps-jan-6-speech-a-key-part-of-impeachment-trial 

4. The Hill, McConnell: Trump 'provoked' crowd that stormed the Capitol (2021) Alexander  Bolton 

  Retrieved March 24, 2021 from   

    https://thehill.com/homenews/senate/534804-mcconnell-trump-provoked-crowd-that-stormed-capitol 

5. Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress. (2016)  

Retrieved March 24, 2021 from  

https://crsreports.congress.gov/product/pdf/RL/RL32717/12 

6. Merriam-Webster dictionary (1828) 

Retrieved March 24, 2021 from    

https://www.merriam-webster.com/dictionary/insurrection 

7. The Cambridge Dictionary (2021) 

Retrieved March 24, 2021 from      

https://dictionary.cambridge.org/zhs/词典/英语/insurrection 

8. The Wall Street Journal, The Constitution Doesn’t Bar Trump’s Impeachment Trial， Chuck Cooper (Feb. 7, 2021） 

Retrieved March 24, 2021 from 

https://www.wsj.com/articles/the-constitution-doesnt-bar-trumps-impeachment-trial-11612724124 

9. The Wall Street Journal, The Media Tries to Divide Republicans, Nikki R. Haley （ 2021) 

Retrieved March 24, 2021 from   

https://www.wsj.com/articles/the-media-tries-to-divide-republicans-11613580575