[Congressional Record Volume 144, Number 138 (Tuesday, October 6, 1998)]
[House]
[Pages H9651-H9652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            LESSONS LEARNED

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from North Carolina (Mrs. Clayton) is recognized for 5 
minutes.
  Mrs. CLAYTON. Mr. Speaker, as we consider launching an impeachment 
inquiry, it is useful to contemplate the lessons we have learned about 
impeachment.
  In 1775 Patrick Henry made this profound statement, ``I know of no 
way of judging the future but by the past.'' This Nation is a model for 
other nations, and we function best when we follow the guiding 
principle that has made us a model. That principle is that the 
government does what is good for the many rather than what is just good 
for the few.

                              {time}  1645

  Some, for political gain, want to impeach the President at any cost, 
at all costs. That may be good for them, but it is not good for 
America.
  There are 3 main reasons why we should approach this matter with 
great care. First, we have never, never impeached a President. Second, 
the Constitution is very specific as to what constitutes ``impeachable 
offenses.'' We must not attempt to substitute our personal views for 
what the Constitution prescribes. Third, we are establishing precedent, 
dangerous patterns that will follow us for years and years to come, 
criterias that may govern how our citizens are treated.
  Only 2 Presidents have faced impeachment: Andrew Johnson in 1868, and 
Richard Nixon in 1974. Johnson was acquitted, and Nixon resigned before 
trial. Indeed, in the 60 impeachment proceedings since 1789, no 
President, no President, has ever been impeached.
  What are the lessons we learn from that history? One vice president 
faced impeachment. Spiro T. Agnew in 1973. However, the House refused 
to impeach him. What are the lessons we learned?
  Impeachment of a President is a grave and serious undertaking for 
this country. It is a constitutional process, one carefully designed to 
allow the will of a majority of Americans to be frustrated and 
overturned. The President has been elected twice. We should approach 
this process with extreme caution, circumspection, and care. It should 
not be taken lightly or done frivolously.
  The Constitution set out the reasons a President can be removed from 
office; for ``Treason, bribery or other high crimes and misdemeanors.'' 
Nothing I have seen or heard to date rises to the level of treason or 
bribery. Those are the specific reasons set out in the Constitution. 
The term, ``other high crimes and misdemeanors'' set out general 
reasons.
  Basic to legislative drafting and statutory interpretation is the 
concept that the specific governs the general. In American 
jurisprudence that when a listing of items include both specific and 
general items, the specific items will govern what the general items 
mean.
  Surely, none would suggest that what the President is alleged to have 
done is the same as treason or bribery. For the few who disagree with 
the overwhelming majority of the American people, politics should not 
be confused with punishment.
  Former President Ford has recommended a punishment that may be

[[Page H9652]]

consistent with the offense in this case. He is being thoughtful and 
not political. What is best for the many of us is to be thoughtful and 
not political. All crimes are not ``impeachment offenses.'' If so, we 
could impeach the President for walking his dog without a leash. That 
is unlawful in the District of Columbia. That is bad conduct, thus 
absurdly underscoring the danger of substituting our belief of what the 
Constitution states. The Constitution says nothing about bad conduct as 
an impeachable offense.
  I believe the Constitution sets out a process that Congress should 
follow when serious allegations of wrongdoing, allegations of 
impeachable offenses, have been made against the President. Under the 
Constitutional mandates, a process is now underway to determine if the 
President should be impeached. When we fail to follow the 
constitutional process, we fail to consider the lessons we have 
learned.
  Just ask Richard Jewel who was first accused of the Atlanta bombings, 
or ask anyone else or thousands of persons, innocent persons who have 
been wrongly accused. We should allow that process to take its course 
and, throughout this process, we should be very careful to insist upon 
fairness, the rule of law, and impartial judgment.
  Mr. Speaker, we have learned many lessons. Hopefully, we have learned 
the lesson that an impeachment proceeding is a very serious process.

                          ____________________