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2010.12.14 05:57

Between Public Morality and Private Morality

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Between Public Morality and Private Morality


Wolran Kim (Dec 2010)



Was the impeachment of Clinton warranted by the U.S. Constitution or was it politically motivated? Are we able to assess this issue through the historical lens or are we still too close to the event to provide valuable insights?
The U.S. Constitution, Article 2 Section 4 specifies the reason that the President, Vice President and all government officials may be dismissed by impeachment for treason, bribery, or other high crimes and misdemeanors (Constitution). But since establishment of the constitution and even through two centuries, the specific grounds for impeachment have been an ongoing debate. Ultimately, Congress decides what constitutes criminal offenses and delinquency, as Gerald Ford, former Congressman of Michigan (Republican) succinctly summarized in an announcement in 1970. The reasons for the impeachment comply with a majority of the House of Representatives' points of view at that point of history.

According to the testimony of Monica Lewinsky, she was an intern at the Department of Defense, and she was in an 'improper relationship' with Clinton in the White House presidential office from November 1995 to March 1997. She talked to her friend, Linda Tripp about this on the phone, and Trip gave Kenneth Starr's Office of Independent Counsel this recording. All Americans were surprised when Lewinsky’s dress stained with Clinton’s semen appeared as evidence. In 1998 (Linder), Hilary struck back, saying that the scandal was a conspiracy of right-wing TV programs when Clinton was cornered with Lewinsky. In fact, it is not an overstatement that the investigation of Kenneth Starr for four years was a plot of the Republican Party which tried to make a questionable charge against Clinton. The majority of the American people blamed Clinton's behavior, but not too many people thought that was a serious enough mistake to be impeached. There is no adultery criminal law in United States.

'Having sex with an intern in the Oval Office' cannot be illegal. The reason for impeachment according to prosecutor Starr was Clinton's perjury about the sexual relationship with Lewinsky. But, this also is too light for impeachment. As a criminal case, Starr spent a budget of tens of millions of dollars to deal with this issue for four years (Linder). For example, 22 hours recording tape from Lewinsky's conversations which promised diplomatic immunity to Linda Tripp was clearly an illegal activity. Hilary's attack that the case was a conspiracy of right-wing media certainly had a point.

The U.S. Constitution gives prosecution of impeachment to the House of Representatives and judgment of impeachment to the Senate. Until now, 3 presidents and 12 members of the federal judges have been prosecuted, and 7 of Federal Court judges dismissed by impeachment decision. The 17th President Andrew Johnson was saved by only one vote in the Senate in 1868, and this impeachment was for political reasons based on partisan politics. This result established a tradition in which presidential impeachment is not purely a matter of constitutional law. The 37th President, Richard Nixon, resigned before his impeachment, and the 42nd’s, Clinton’s, was defeated in the Senate (Im). In the U.S. government, the home of democracy, no impeachment of the president was accomplished.

The Senate concludes from political reasons rather than the theory of the law, and it is not desirable but reality. Impeachment comes to a conclusion whether there is support for a president or not, and not depending on a president's conduct. Also Senators try to vote to comply with the will of people whom they represent as politicians, and they have to for the next election. Typical representation of the people against Clinton's impeachment was that "Clinton's affair is Hillary's problem, not the people" (Lee), President Jefferson recalled that impeachment is a mere scarecrow, and the process of impeachment is often abused and distorted for political purposes. Legislators of the constitution institutionalized impeachment to control executive power based on the constitutional separation of powers. Fear of presidential abuse of power was more dominant than argument against impeachment which would threaten the independence of the president (Buyreport).

Many presidents were the same as Clinton. Tomas Jefferson who contributed to the creation of the Declaration of Independence, and Franklin Roosevelt, who enforced the New Deal, were also involved in sex scandals, but they were not impeached. Understandably, most people are more interested in health care, education, unemployment, and gun control which relate to real life than personal morality. The Republicans wanted to down Clinton because the Clinton administration was achieving the most positive outcomes, and moreover Clinton's young and fresh image was still appealed while facing a second term. Much of Clinton's predicament is not defensible, and it was clearly wrong; however, it is humiliating and ridiculous if the president's crisis depends on the definition of a sexual relationship. According to opinion polls, most Americans think it was none of their business even if the president's private life was wrong.

It would be fair if some Republicans who were showing anger at the president's sex scandal story had resented strikes to President Reagan's remarks on the Iran-Contra case (Sick). Ronald Reagan sold secret arms to Iran to release hostages, and he feigned ignorance of the claim that he paid that price to the Nicaraguan anti-government guerrilla group. Reagan's lie was neglect of his administrative responsibilities and was job-related, not private. Richard Nixon's sanction for the Watergate scandal was for burglary, wiretapping, political maneuvering, document forgery, perjury and obstruction of justice. Impeachment was born in a very limited concept, mainly based on procedures for responding to abuse of presidential power. But this function failed in active execution because it is being used as a means of accountability for judges, not as a means of control for the president and top government officials.



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