Constitutional Grounds for Impeachment of the President

Article II p. 4 of the Constitution states that the President and Vice President and all civil officers of the government may be removed from office "on impeachment for and conviction of Treason, Bribery, or other high Crimes and Misdemeanors". President Obama is not impeachable on grounds of treason, bribery, or criminal behavior, on current basis of knowledge; but the interpretation of "other high crimes and misdemeanors" can be broad and flexible. Proponents of the impeachment of President Nixon in the 1970s argued that criminality under the existing laws was not necessary for impeachment and removal. Indeed, that criminality was not the central issue. The central issue was unfitness for office. The Association of the Bar of the City of New York argued, " 'we believe that acts which undermine the integrity of government are appropriate grounds whether or not they happen to constitute offenses under the general criminal law.' ".*

I would argue serious failure to perform the duties of office would constitute undermining the integrity of government, in the meaning intended by the liberal bar of New York City. The Libya affair, as I am calling it, surely reaches the level of seriousness expected in the recommendations of Association of the Bar.

*This view and others summarized and quoted in Gerald Gunther, Constitutional Law, Cases and Materials (New York, the Foundation Press, 1975) p. 451.