Can They Impeach Trump For Government Shutdown

The partial government shutdown that began in December 2018 and extended into 2019 became a significant event in American political history. The shutdown, triggered by a stalemate between President Donald Trump and Congress over funding for a border wall, raised questions about the potential consequences for the President and the future of governance in the United States. One of the most intriguing queries was whether the prolonged shutdown could lead to impeachment proceedings against President Trump.

In this article, we delve into the legal, political, and historical implications of this question. We examine the circumstances that led to the shutdown, explore the powers and limitations of impeachment, and analyze the factors that could influence the decision-making process regarding potential impeachment proceedings. By understanding the complexities of this situation, we can gain valuable insights into the checks and balances of the American political system and the role of the President within it.

The Context of the Government Shutdown

The government shutdown of 2018-2019 was a direct result of a funding dispute between President Trump and Congress. At the heart of the matter was Trump's insistence on including $5.7 billion in funding for a border wall along the U.S.-Mexico border in the federal budget.

Congress, however, resisted this demand. The Democratic-controlled House of Representatives, in particular, opposed the allocation of funds for the border wall, citing concerns over its effectiveness, environmental impact, and the potential waste of taxpayer money. They argued that the money could be better utilized for other critical needs, such as infrastructure improvements and social programs.

As negotiations stalled, President Trump refused to sign any spending bills that did not include the funding for the border wall. This impasse led to a partial government shutdown on December 22, 2018. The shutdown affected approximately 800,000 federal employees, many of whom were either furloughed or working without pay. Essential services like law enforcement, air traffic control, and border security continued to operate, but other government functions, including national parks and museums, were significantly impacted.

Impeachment: A Constitutional Power

Impeachment is a constitutional process through which a public official can be removed from office. It is a check on the power of the executive branch and a mechanism to hold public officials accountable for their actions. The process of impeachment is outlined in Article II, Section 4 of the U.S. Constitution, which states that the President, Vice President, and all civil officers of the United States can be removed from office for "treason, bribery, or other high crimes and misdemeanors."

The process begins in the House of Representatives, where a simple majority vote is required to impeach an official. This vote does not remove the official from office; it is merely a formal accusation, similar to an indictment in a criminal case. Once impeached, the case moves to the Senate, where a trial-like proceeding takes place. The Senate acts as the jury, and the Chief Justice of the Supreme Court presides over the trial. To remove an official from office, a two-thirds majority vote is required in the Senate.

Historical Impeachment Cases

Impeachment is a rare occurrence in American history. Only three Presidents have been impeached: Andrew Johnson, Bill Clinton, and Donald Trump (for the second time, in 2021). None of these impeachments resulted in removal from office. Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act, but the Senate fell one vote short of the two-thirds majority needed for conviction. Bill Clinton was impeached in 1998 for perjury and obstruction of justice related to the Monica Lewinsky scandal, but the Senate acquitted him in 1999.

The impeachment of Donald Trump in 2019 was for abuse of power and obstruction of Congress in relation to his dealings with Ukraine. The House of Representatives voted to impeach him, but the Senate acquitted him in early 2020.

Could the Government Shutdown Lead to Impeachment?

The question of whether the government shutdown could lead to impeachment proceedings against President Trump is a complex one. While the shutdown itself is not an impeachable offense, it could be a contributing factor in a broader case against the President.

Potential Grounds for Impeachment

Article II, Section 4 of the Constitution defines impeachable offenses as "treason, bribery, or other high crimes and misdemeanors." The term "high crimes and misdemeanors" is intentionally broad and has been interpreted differently throughout history. Generally, it refers to actions that are contrary to the public trust and the proper functioning of government.

In the context of the government shutdown, there are a few potential grounds for impeachment that could be explored:

• Abuse of Power: President Trump's insistence on funding for the border wall, despite Congress's opposition, could be seen as an abuse of power. The President has the authority to propose budgets, but Congress holds the power of the purse and has the final say on funding decisions. By refusing to sign any spending bills without the border wall funding, Trump may have overstepped his constitutional authority.
• Impeding the Functions of Government: The prolonged shutdown had a significant impact on the operations of the federal government. Essential services were disrupted, and many federal employees were left without pay for an extended period. This could be argued to have impeded the proper functioning of government, which is a potential impeachable offense.
• Violation of the Impoundment Control Act: The Impoundment Control Act of 1974 grants Congress the power to approve or disapprove of the President's decisions to impound funds (or not spend funds) allocated by Congress. By refusing to sign spending bills without the border wall funding, Trump may have violated this act.

Political Considerations

While there may be legal grounds to explore impeachment based on the government shutdown, the decision to initiate impeachment proceedings is largely political. The House of Representatives, which is responsible for the initial impeachment vote, is controlled by the party opposing the President. In this case, the Democratic-controlled House would need to decide if the potential grounds for impeachment are strong enough to justify a politically divisive move.

Additionally, the outcome of the Senate trial is highly uncertain. To remove a President from office, a two-thirds majority is required, and the Senate is currently divided along party lines. Convincing enough Senators to vote for conviction could be a daunting task, especially given the high stakes and potential political repercussions.

Implications and Analysis

The government shutdown and its potential impact on impeachment proceedings highlight several key aspects of the American political system:

• Checks and Balances: The Constitution's provisions for impeachment are a crucial check on the power of the executive branch. They ensure that no one, not even the President, is above the law and that the government functions within its constitutional boundaries.
• Political Polarization: The deep political polarization in the United States makes the decision to initiate impeachment proceedings a highly controversial and divisive issue. It can strain political relationships and further divide the nation.
• Interpretation of the Constitution: The broad language of "high crimes and misdemeanors" allows for varying interpretations, which can lead to differing opinions on whether certain actions constitute impeachable offenses.
• Impact on Governance: The prolonged government shutdown had a significant impact on the lives of federal employees and the delivery of public services. It underscores the importance of finding common ground and resolving disputes to ensure the efficient functioning of government.

Conclusion

The question of whether the government shutdown could lead to impeachment proceedings against President Trump is a fascinating exploration of the complexities of American governance. While the shutdown itself is not an impeachable offense, it could be a part of a broader case against the President if certain actions are deemed to have crossed constitutional boundaries. However, the decision to initiate impeachment proceedings is highly political and would likely face significant obstacles in both the House and the Senate.

The government shutdown of 2018-2019 serves as a reminder of the delicate balance of powers in the American political system and the importance of cooperation and compromise to ensure the smooth functioning of government. As we reflect on this historical event, we gain a deeper understanding of the checks and balances that shape our democracy and the role of impeachment in holding public officials accountable.