What does it take to remove a head of state? This question concerns situations in which a nation finds cause to remove a leader before the established time. A survey of history informs us that such circumstances usually involve war and upheaval. The incumbent, whether a king or a prime minister, is not inclined to surrender power, and therefore must be compelled to give it up, often on pain of death. In consideration of this state of human affairs, the Founding Fathers of the United States established a procedure by which presidents might be impeached, or removed from office. The product of their deliberations appears in Article II, Section 4 of the Constitution:
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.
And that is all they have to say on the matter – which is why jurists for nearly 230 years have debated exactly what they meant.
The Founders certainly understood the seriousness of the question. They had just gone through a lengthy and painful process of removing King George III as head of state over the American colonies by the extreme measure of extricating the colonies from the king’s domain and establishing a separate sovereign nation. Their attempts at less drastic measures had not sufficed, leaving them no option but the usual method of war and upheaval. That is why they sought to limit the power of the president, providing a method of removal by legislative and judicial means. The grounds for removal would have to be well established, which is why the Constitution specifies the obvious transgressions of treason and bribery. But what exactly are “high crimes and misdemeanors”? This is where it gets interesting, and frustrating to those who desire to remove an incompetent, unpopular, or abusive president.
The Founders sought not only to prevent abuse of power in the Office of the President, but also to protect the dignity of the office and ensure continuity of government. Succeeding generations have understood this, which is why only three presidents have been the subject of impeachment proceedings. President Richard Nixon resigned before Congress could vote on articles of impeachment for his abuse of power. Had he not done so, it is likely he would have been the only president ever removed from office. Congress did impeach Presidents Andrew Johnson and Bill Clinton on charges stemming from their obstruction of Congress and abuse of power, but acquitted both men – not because the charges were unfounded, but because of the political motivations behind the impeachment proceedings. Under such circumstances, their removal would have brought immense harm to the Office of the President and its foundation in the organic law of the United States.
One might wish that the Founding Fathers had been more specific in the standards they expected of people holding high office. Then again, how much more specific did they need to be in a Christian culture based on the rule of law derived from the Bible? Their understanding of God’s requirements for public leaders shaped their creation of the Government of the United States, leading them to do as YHVH did: provide just enough detail to establish wise government under the principles of justice and mercy.
It is understandable why Peter Jackson had to take considerable license with The Lord of the Rings when he brought J.R.R. Tolkien’s mammoth work to the screen, and yet his choices inevitably brought disappointment to Tolkien aficionados. Why, for example, did Jackson choose to minimize the presence of Farmer Maggot? Tolkienists take issue with the fact that his role in The Fellowship of the Ring was diminished to the point of insignificance. In the book, Farmer Maggot saved Frodo and his companions as they fled the Shire, giving them provision and helping them elude Sauron’s dreaded Black Riders. It was unexpected help, for Frodo had considered Farmer Maggot an enemy. As a child Frodo had taken a liking to Maggot’s mushrooms, and on more than one occasion absconded with portions of the good farmer’s crop. Such youthful mischief roused Maggot’s anger, compelling him to chase Frodo from his land and threaten him with his very large dogs should he ever return. And so it was that Frodo grew up fearing Farmer Maggot, never knowing that beneath his fierce anger lay a loyal, generous, and hospitable heart. Thanks to the mediation of his companion Pippin, and to the dire need of the moment, Frodo at last gained opportunity to get to know the real Farmer Maggot. He explained as much as they prepared to leave Maggot’s home:
Thank you very much indeed for your kindness! I’ve been in terror of you and your dogs for over thirty years, Farmer Maggot, though you may laugh to hear it. It’s a pity: for I’ve missed a good friend.
Frodo’s words present us with an all-too-familiar and all-too-tragic reality. How often have individuals, families, and nations remained at odds over ancient offenses, the causes of which are long forgotten? How much suffering has multiplied on the earth because natural allies regard each other as enemies, or at least minimize their contact with each other out of mistrust and misbegotten fear? And how much greater is that tragedy if the people who regard each other in this way are the two parts of YHVH’s people? In truth, Moses and Yeshua have no contradictions or arguments, but their followers think they do, and for that reason Jews and Christians have separated themselves from one another for twenty centuries.
One of the great depictions of American historical events is John Trumbull’s painting, Declaration of Independence, which hangs in the Rotunda of the United States Capitol. The scene captures the moment on June 28, 1776, when the five men who drafted the Declaration present their work to the Continental Congress. Of the 56 signers of the Declaration, 42 appear in Trumbull’s work, the others having died before he could obtain their images. The painting also depicts five men who did not sign, including Robert Livingston of New York. Livingston was one of the men who drafted the Declaration, but New York recalled him from the Congress before he could sign his work. In Trumbull’s painting Livingston appears in the center of the drafting committee, with Roger Sherman of Connecticut on his right and Thomas Jefferson of Virginia on his left. Americans may not remember the distinguished men from Connecticut and New York, but they do remember Jefferson and John Adams of Massachusetts, two future presidents. Jefferson and Adams embraced different visions of how to govern the infant American Republic, and even though they became political rivals, they remained friends until their deaths on the same day, July 4, 1826.
There is a legend that Jefferson paid Trumbull to paint his foot on top of Adams’, but it is only a legend. The two men’s feet are close together in the picture, and as time and dirt wore away at the painting it came to appear that Jefferson’s foot was resting on Adams’. That is not the only oddity in Trumbull’s work. Like many works of art it is not entirely accurate, but is effective in capturing the spirit of the moment and of the age. So also is 1776, a musical play which humorously explores the events during that fateful summer of American independence. Howard DaSilva dominates the film version with his portrayal of Dr. Benjamin Franklin of Pennsylvania. If we are to believe the movie, independence was Adams’ idea, and the declaration was expressed in Jefferson’s words, but it was Franklin who brought it into being with his wisdom, wit, and ability to achieve consensus. 1776 embellishes the story with fictional dialogue, but it captures a number of famous quotes by the Founding Fathers, including Franklin’s immortal words: “If we do not hang together, we shall most assuredly hang separately!”
Dr. Franklin spoke a warning to a people facing the threat of political extinction before they could become a nation. Long before Franklin uttered his warning, Yeshua of Nazareth spoke the same truth to the people He had come to redeem from the threat of extinction by the enemy of their souls:
And knowing their thoughts Jesus said to them, “Any kingdom divided against itself is laid waste; and any city or house divided against itself will not stand. (Matthew 12:25 NASB; see also Mark 9:38-40; Luke 9:49-50, 11:16-23)