Saturday, January 25, 2020

Musings on the Legal and Moral Standards of Political Legitimacy in Impeachment

  By Rudy Barnes, Jr.

The House of Representatives has charged President Trump with two articles of impeachment: (1) abuse of power, and (2) obstruction of Congress by delaying U.S. aid to Ukraine in order to promote his own political interests.  Trump has repeatedly claimed, “I have done no wrong” and that the impeachment charges against him are a “witch hunt” and a “hoax.”

Political legitimacy includes both moral and legal standards of behavior.  Impeachment is based on “treason, bribery, or other high crimes and misdemeanors” (Article 2, Section 4, U.S.Constitution);  but “The charge of high crimes and misdemeanors covers allegations of misconduct by officials” that  “may not even be a breach of criminal statute.”* 

Trump will most likely be exonerated by a Republican Senate.  His real test of political legitimacy will come in the November election when voters will be the jurors, and they will not be limited to legal standards.  Trump has depended on the support of white Christians, and his arrogance, impulsiveness, mean-spirited immorality are the antithesis of the teachings of Jesus.

The upcoming election will be a test of the moral standards of political legitimacy in America’s great experiment in democracy.  Edmund Burke once warned Americans that in a democracy we would ”forge their own shackles;” and with the election of Donald Trump we have done just that.  The question is whether we can restore libertarian democracy this November.

Americans seem obsessed with the law as a standard of legitimacy and have forgotten the moral imperatives of their faith.  The ancient Jews had a similar problem with Mosaic Law as God’s standard of righteousness. Jesus was a radical rabbi who angered the religious leaders of his day when he challenged the sanctity of Mosaic Law with the primacy of love over law.

The altruistic and universal teachings of Jesus are summed up in the greatest commandment to love God and to love our neighbors--including those of other races and religions--as we love ourselves.  It’s a common word of faith taken from the Hebrew Bible, taught by Jesus, and accepted by Islamic scholars as a moral imperative of their faith.

When Trump says, “I have done no wrong,” he, with his Republican Party and white Christian supporters have denigrated the altruistic moral imperatives taught by Jesus.  In so doing they have corrupted the legitimacy of democracy and Christianity in America. They have sacrificed Jesus on the altar of partisan politics. (More on that provocative phrase next week.)

Trump is the third U.S. president to face impeachment.  None have been convicted and Trump is not likely to be the first.  But that will not exonerate Trump of wrongdoing. American voters are the moral stewards of American democracy, and in November they will hold Trump accountable.  But to what moral standards of political legitimacy?

Trump’s political fate in November depends on his base of white Christian voters.  If they ignore the altruistic teachings of Jesus in their politics as they did in 2016, American democracy and Christianity will lose their legitimacy.  But if they restore the altruistic teachings of Jesus to their faith and politics, they can save American democracy and Christianity from their demise.  


Notes:

*Wikipedia cites the Harvard Law Review: "The majority view is that a president can legally be impeached for 'intentional, evil deeds' that 'drastically subvert the Constitution and involve an unforgivable abuse of the presidency' — even if those deeds didn’t violate any criminal laws."  Thus the standards of legitimacy for impeachment may include moral wrongdoing as well as criminal offenses.


Related commentary:
On the greatest commandment and love over law:
(1/11/15): The Greatest Commandment: A Common Word of Faith
(1/18/15): Love over Law: A Principle at the Heart of Legitimacy
(1/23/16): Who Is My Neighbor?
(1/30/16): The Politics of Loving Our Neighbors as Ourselves
(3/31/18): Altruism: The Missing Ingredient in American Christianity and Democracy
(10/13/18): Musings on a Common Word of Faith and Politics for Christians and Muslims
(2/23/19): Musings on Loving Your Enemy, Including the Enemy Within
(7/20/19): Musings on Diversity in Democracy: Who Are Our Neighbors? 
(7/27/19): Musings of a Maverick Methodist on Love Over Law and Social Justice
(8/31/19): Musings of a Maverick Methodist on the Politics of Christian Zionism
(9/21/19): An Afterword on Religion, Legitimacy and Politics from 2014-2019
(10/5/19): Musings on the Moral Relevance of Jesus to Democracy
(10/12/19): Musings on Impeachment and Elections as Measures of Political Legitimacy
(10/26/19): Musings of a Maverick Methodist on Discipleship in a Democracy
(11/9/19): Musings of a Maverick Methodist on a Virtual Alternative to a Failing Church
(11/16/19): Musings of a Maverick Methodist on the Irrelevance of Morality in Politics
(11/23/19): Musings on Jesus and Christ as Conflicting Concepts in Christianity
(12/14/19): Musings of a Maverick Methodist on Prophets, Scripture and God’s Truth
(12/21/19): Musings on Advent and a Not-so-Merry Christmas for American Democracy

On religion, morality and politics:
(12/29/14): Religion, Violence and Military Legitimacy
(2/8/15): Promoting Religion Through Evangelism: Bringing Light or Darkness?
(2/15/15): Is Religion Good or Evil?
(4/12/15): Faith as a Source of Morality and Law: The Heart of Legitimacy
(6/28/15): Confronting the Evil Among Us
(7/12/15): Reconciliation in Race and Religion: The Need for Compatibility, not Conformity   http://www.religionlegitimacyandpolitics.com/2015/07/reconciliation-in-race-and-religion.html
(8/9/15): Balancing Individual Rights with Collective Responsibilities
(8/23/15): Legitimacy as a Context and Paradigm to Resolve Religious Conflict
(11/15/15): American Exceptionalism: The Power of Persuasion or Coercion?
(1/16/16): Religion, Politics and Public Expectations
(3/26/16): Religion, Democracy, Diversity and Demagoguery
4/30/16): The Relevance of Religion to Politics
(5/7/16): Religion and a Politics of Reconciliation
(5/28/16): Nihilism as a Threat to Politics, Religion and Morality
(7/2/16): The Need for a Politics of Reconciliation in the Wake of Globalization
(8/5/16): How Religion Can Bridge Our Political and Cultural Divide http://www.religionlegitimacyandpolitics.com/2016/08/how-religion-can-bridge-our-political.html
(9/24/16): The Evolution of Religion and Politics from Oppression to Freedom
(11/5/16): Religion, Liberty and Justice at Home and Abroad
(12/24/16): Advent: The Coming of a Light that Shines in the Darkness
(12/31/16): E Pluribus Unum, Religion and a Politics of Reconciliation
(1/7/17): Religion and Reason as Sources of Political Legitimacy, and Why They Matter
(1/21/17): Religion and Reason Redux: Religion Is Ridiculous
(3/4/17): Ignorance and Reason in Religion and Politics
(3/18/17): Moral Ambiguity in Religion and Politics
(4/22/17): The Relevance of Jesus and the Irrelevance of the Church in Today’s World
(7/1/17): Religion, Moral Authority and Conflicting Concepts of Legitimacy
(7/15/17): Religion and Progressive Politics
(7/29/17): Speaking God’s Truth to Man’s Power
(8/5/17): Does Religion Seek to Reconcile and Redeem or to Divide and Conquer?
(8/12/17): The Universalist Teachings of Jesus as a Remedy for Religious Exclusivism  
(8/19/17): Hate, History and the Need for a Politics of Reconciliation
(10/7/17): A 21st Century Reformation to Restore Reason to American Civil Religion http://www.religionlegitimacyandpolitics.com/2017/10/a-21st-century-reformation-to-restore.html.
(10/21/17): The Symbiotic Relationship between Freedom and Religion
(11/18/17): Radical Religion and the Demise of Democracy
(12/2/17): How Religious Standards of Legitimacy Shape Politics, for Good or Bad
(12/16/17): Can Democracy Survive the Trump Era? 
(12/23/17): If Democracy Survives the Trump Era, Can the Church Survive Democracy? http://www.religionlegitimacyandpolitics.com/2017/12/if-democracy-survives-trump-era-can.html.
(1/6/18): Musings of a Maverick Methodist on Diversity in Democracy
(1/13/18): Nationalist Politics and Exclusivist Religion: Obstacles to Reconciliation and Peace
(1/27/18): Musings on Conflicting Concepts of Christian Morality in Politics
(2/24/18): Musings of a Maverick Methodist on Religion, Freedom and Legitimacy
(3/17/18): Jefferson’s Jesus and Moral Standards in Religion and Politics
(3/31/18): Altruism: The Missing Ingredient in American Christianity and Democracy
(4/7/18): Musings of a Maverick Methodist on the Need for a Moral Reformation
(4/28/18): Musings of a Maverick Methodist on the Virtues and Vices of Christian Morality
(5/12/18): Musings of a Maverick Methodist on Christianity and Making America Great Again
(5/19/18): Musings on Morality and Law as Symbiotic but Conflicting Standards of Legitimacy
(6/15/18): The Prosperity Gospel: Where Culture Trumps Religion in Legitimacy and Politics
(7/21/18): Musings on America’s Moral and Political Mess and Who Should Clean It Up
(8/4/18): Musings of a Maverick Methodist on Religious Problems and Solutions in Politics
(8/11/18): Musings of a Maverick Methodist on Changing Morality in Religion and Politics
(8/25/18): Musings of a Maverick Methodist on Moral Priorities in Religion and Politics
(9/1/18): Musings on the American Civil Religion and Christianity at a Crossroads
(9/29/18): Musings of a Maverick Methodist on the Resurrection of Christian Universalism
(10/6/18): Musings on Moral Universalism in Religion and Politics http://www.religionlegitimacyandpolitics.com/2018/10/musings-on-moral-universalism-in.html.
(10/27/18): Musings of a Maverick Methodist on a Migrant Tidal Wave
(11/24/18): Musings of a Maverick Methodist on Christianity and the Legitimacy of Democracy http://www.religionlegitimacyandpolitics.com/2018/11/musings-of-maverick-methodist-on.html.
(1/5/19): Musings of a Maverick Methodist on Building Political Walls or Bridges
(2/16/19): Musings of a Maverick Methodist on America the Blessed and Beautiful--or is it?
(3/30/19): Musings on What the Mueller Report Doesn’t Say About Trump’s Wrongdoing
(4/12/19): Musings on Religion, Nationalism and Libertarian Democracy
(4/20/19): Musings on the Resurrection of Altruistic Morality in Dying Democracies
(4/27/19): Musings on the Legitimacy of Crony Capitalism and Progressive Capitalism
(5/4/19): Musings on the Good, the Bad, and the Ugly
(5/11/19): Musings on the Relevance of Jefferson’s Jesus in the 21st Century
(5/18/19): Outsiders Versus Insiders in Religion, Legitimacy and Politics
(5/25/19): Musings of a Maverick Methodist on the Divinity and Moral Teachings of Jesus
(6/8/19): The Moral Failure of the Church to Promote Altruism in Politics 
(6/22/19): The Universal Family of God: Where Inclusivity Trumps Exclusivity
(6/29/19): Musings on a Politics of Reconciliation: An Impossible Dream?
(7/6/19): Musings on Democrats, Busing and Racism: It’s Deja Vu All Over Again
(7/13/19): Musings on Sovereignty and Conflicting Loyalties to God and Country 
(7/20/19): Musings on Diversity in Democracy: Who Are Our Neighbors? 
(7/27/19): Musings of a Maverick Methodist on Love Over Law and Social Justice
(8/3/19): Musings on the Dismal Future of  the Church and Democracy in America
(8/10/19): Musings on Christian Nationalism: A Plague on the Church and Democracy
(8/17/19): Musings of a Maverick Methodist on Shame in Religion and Politics
(9/7/19): Musings on the Self-Destruction of Christianity and American Democracy
(9/14/19): Musings of a Maverick Methodist on Chaos as a Prelude to a New Creation
(9/21/19): An Afterword on Religion, Legitimacy and Politics from 2014-2019
(10/5/19): Musings on the Moral Relevance of Jesus to Democracy
(10/12/19): Musings on Impeachment and Elections as Measures of Political Legitimacy
(10/26/19): Musings of a Maverick Methodist on Discipleship in a Democracy
(11/2/19): Musings of a Maverick Methodist on Polarization and Reconciliation
(11/16/19): Musings of a Maverick Methodist on the Irrelevance of Morality in Politics
(12/7/19): Musings of a Maverick Methodist on Religious Triumphalism and Politics
(12/21/19): Musings on Advent and a Not-so-Merry Christmas for American Democracy
(1/4/20): Musings on How a Depression (or a War) Could Make America Great Again