The 'Indispensable' Nation - Editorial
Detroit News Sen. Daniel Patrick Moynihan, declaring that America is "the indispensable nation," opined late last week that impeachment "might very readily destabilize the presidency."
The influential New York Democrat thus appeared to join the ranks of those arguing in favor of compromise and censure.
Sen. Moynihan is a voice always worth listening to, and his comments dealt an undeniable blow to those who believe a trial in the Senate is the best way to deal with the Clinton mess. But the senator's argument is less than convincing. It is not even terribly logical.
Back in the days when the Free World seemed directly threatened by an aggressive, nuclear-armed foe, the United States indeed would have been an indispensable nation, at least in the sense Sen. Moynihan appears to mean. But the Cold War is over. And in any case, we don't remember hearing arguments then about the indispensability of American leadership or the stability of the presidency back in 1973-74 when Richard Nixon was being driven from office at the depths of the Cold War.
The destabilization about which Sen. Moynihan warns also appears to be vastly overstated. If Bill Clinton were to be convicted and removed from office, Vice-President Al Gore would be immediately sworn into office, as Gerald Ford was after Mr. Nixon departed Washington. And in requiring that it take a two-thirds vote of the Senate to convict and remove a president, the Framers provided a safeguard against trivializing the impeachment process.
Some defenders of the president, of course, have argued that perjury about a matter of sex doesn't constitute the sort of threat to the state that the Framers envisioned in specifying "high crimes and misdemeanors" as grounds for impeachment. But the Framers didn't specify that impeachable offenses had to threaten the state. Indeed, they deliberately removed the words "against the state" from their high crimes-and-misdemeanors formula in the Constitution.
But even if that hadn't been the case, perjury of any sort is clearly an offense against the state. To believe otherwise requires that the federal courts no longer be considered a branch of government. Indeed, the truth-seeking function of the courts may be one of the most important functions in all of government. It not only ensures that justice will prevail between citizens, it ensures that government officials will remain accountable to the people.
If the truth-seeking function of the courts were to be undermined, it can be argued, this would lead more quickly to destabilization of the constitutional order than an impeachment process specifically provided for in the Constitution.
Legitimate questions can be raised about whether President Bill Clinton's alleged offenses warrant removal from office. That's a judgment call senators, including Sen. Moynihan, will have to make. They might conclude that impeachment by the House is censure enough. Once a president leaves office, after all, he can still be held accountable in the courts.
But insofar as America is truly an indispensable nation, it is because of the example America sets for the rest of the world, not the "stability" of the presidency. And the rule of law is surely a very important part of that example.
12/29/98
Editorial
Clear thoughts.