CommentsGELFAND’S WORLD--The Constitution allows the House of Representatives to initiate impeachment proceedings for “treason, bribery, or other high crimes and misdemeanors.”
That last phrase goes back several centuries in English common law. The scope of high crimes and misdemeanors very much includes inadequate performance of one’s duties in high office, and does not require the commission of a crime. In the case of the current Postmaster General, there is sufficient reason to institute a hearing to determine whether Articles of Impeachment should be passed.
The reason for impeaching the Postmaster General is simple. The Post Office is currently being maladministered for a direct political purpose, namely to make it harder for American citizens to vote in the next general election. The fact that the Covid-19 crisis makes it more likely that people will wish to vote by mail is simply one element of the possible charges. It is obvious that the current actions within the Post Office are based on inappropriate partisan politics, as the president himself has made clear in his own public comments.
There is also a pretty good indication that the Post Office has already done damage to its essential functions by removing sorting machines. Some of the machines have been scrapped (essentially destroyed) already. Perhaps a House committee will view this as a major act of vandalism and sabotage, carried out against our nation’s ability to carry on its election during a time of pandemic infection.
There should be little question that the ability to cast one’s ballot is a central principle in this Constitutional republic. Within the amendments alone, there are numerous references to the right to vote, including the right to vote based on age and sex, which were added as specific principles. There is also the specific prohibition of any poll tax. Even the 14th Amendment is strongly suggestive that the rights of citizenship are not to be denied. Surely the right to vote without unreasonable hindrance is one of those.
And finally, the words of the Constitution even prior to the adoption of the Bill of Rights include the right of us citizens to have republican forms of government (we get to elect our governors and legislatures) in our states. That surely implies the right to vote, even if specific limits on who could vote were modified over the centuries.
Thus the misuse of the Post Office to hinder voting is an action that clearly falls under the term “high crimes and misdemeanors.” In this case, the Postmaster General is intentionally making it difficult for American citizens to cast their ballots in a way that will result in them being counted. When the president suggests publicly that the results of the November election may not be known for months or even a year, that is clear evidence of the malign intent lying behind these actions, and the fact that the Postmaster General came into the office through presidential appointments of the postal board members connects the Postmaster to the president’s improper motives.
It is also appropriate to initiate impeachment actions against the Postmaster General for reasons that go beyond electoral politics. The Post Office predates the Declaration of Independence and the Constitution. In fact, the original Postmaster was none other than Benjamin Franklin. The Constitution (pre-Bill of Rights) establishes the power to create the Post Office. In brief, the idea of mail delivery is built into the concept of central government at all levels of our history and within the Constitution.
Finally, it became clear early on in Trump’s presidency that he resents the existence and ownership of Amazon, because the founder and majority owner became the owner of the Washington Post newspaper. The Post has been one of the most outspoken critics of the Trump presidency. Trump has been arguing that Amazon should be charged more for its use of USPS services. Whether or not this is a justifiable argument, it is certainly tainted by Trump’s clear and obvious misuse of his presidential authority to try to make good on his grudges.
The fact that Trump has tried to use his power as president to damage one of his critics financially is itself worthy of another presidential impeachment, but absent that, such attempts must be stifled. One reasonable approach is for the House of Representatives to begin an inquiry into the impeachment of the Postmaster General.
Critics of this approach will point out that the Republican controlled Senate would likely vote to acquit on any bill of impeachment that the House would send them. So be it, but it would put the Trump defenders in the senate on notice. People all over the country have noticed the difficulty they have been having in getting their mail. Business owners and shipping departments have been feeling the pain. It should be interesting to see how Republican senators respond to an action by the House that will be supported by a majority of the American people.
In any case, it is important that attacks on the health and function of the American system should be acted on. We’ve waited far too long.
(Bob Gelfand writes on science, culture, and politics for CityWatch. He can be reached at [email protected])
-cw
