Sunday, January 19, 2020

Gamesmanship

In National Review, Andy McCarthy writes in part,
...The Framers expected presidents to abuse their powers from time to time. And not just presidents. Our Constitution’s theory of the human condition, and thus of governance, is that power is apt to corrupt anyone. It needs to be divided, and the peer components need to be incentivized to check each other. The operating assumption is that, otherwise, one component would accumulate too much power and inevitably fall prey to the tyrannical temptation. But as Madison observed, men are not angels. Separation of powers arms us against inevitable abuse, it does not prevent abuse from happening. Abuse is a given: Congress uses lawmaking power to encroach on the other branches’ prerogatives; judges legislate from the bench, presidents leverage their awesome powers for political advantage. The expectation is not that government officials will never overreach; it is that when one branch does overreach, the others will bring it into line.

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That is the norm: corrective action or inaction, political pressure, naming and shaming, power of the purse, and so on. We expect to criticize, inveigh, even censure. We don’t leap from abuse to expulsion. We don’t expect routinely to expel members of Congress or impeach presidents and judges. That is reserved for historically extraordinary wrongs.

On Ukraine, nothing of consequence came of President Trump’s bull-in-a-china-shop excesses. Sure, they ought to be a 2020 campaign issue. Democrats, instead, would have us exaggerate them into historically extraordinary wrongs. For that, you need gamesmanship. If there were real impeachable misconduct, there would be no time or place for games.

Read more here.

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