We still imagine ourselves a nation of laws, not of men. This is not merely an article of faith but a bedrock principle of the United States Constitution. Our founding compact provides a remedy against rulers supplanting the rule of law, and Andrew C. McCarthy makes a compelling case for using it.

The authors of the Constitution saw practical reasons to place awesome powers in a single chief executive, who could act quickly and decisively in times of peril. Yet they well understood that unchecked power in one person’s hands posed a serious threat to liberty, the defining American imperative. Much of the debate at the Philadelphia convention therefore centered on how to stop a rogue executive who became a law unto himself.

The Framers vested Congress with two checks on presidential excess: the power of the purse and the power of impeachment. They are potent remedies, and there are no others.

It is a straightforward matter to establish that President Obama has committed “high crimes and misdemeanors,” a term signifying maladministration and abuses of power by holders of high public trust. But making the legal case is insufficient for successful impeachment, leading to removal from office. Impeachment is a political matter and hinges on public opinion.

In Faithless Execution, McCarthy weighs the political dynamics as he builds a case, assembling a litany of abuses that add up to one overarching offense: the president’s willful violation of his solemn oath to execute the laws faithfully. The “fundamental transformation” he promised involves concentrating power into his own hands by flouting law—statutes, judicial rulings, the Constitution itself—and essentially daring the other branches of government to stop him. McCarthy contends that our elected representative are duty-bound to take up the dare.

What are “High Crimes and Misdemeanors”?

Impeachment is rare in American history—and for good reason. As the ultimate remedy against abuse of executive power, it is politically convulsive. And yet, as the Framers understood, it is a necessary protection if the rule of law is to be maintained.

But what are impeachable offenses? There is widespread confusion among the American people about the answer to this question.

Article II of the Constitution lists treason and bribery, along with “other high crimes and misdemeanors as the standard for impeachment. Despite what “crimes” and “misdemeanors” connote, the concept has precious little to do with violations of a penal code. Rather, it is about betrayal of the political trust reposed in the president to execute the laws faithfully and “preserve, protect and defend” our constitutional system, as his oath of office requires.

At the constitutional convention in 1787, the delegates concurred that the “high crimes and misdemeanors” standard captured the many “great and dangerous offenses” involving malfeasance, incompetence, and severe derelictions of duty that could undermine the constitutional order.

The Framers were clear that “high crimes and misdemeanors” involved misconduct that did not necessarily break penal laws; it might not even be considered criminal if committed by a civilian. It would apply strictly to “the misconduct of public men … or the abuse or violation of public trust,” as Alexander Hamilton put it. “High crimes and misdemeanors” are of a purely political nature as they “relate to injuries done immediately to the society itself.”

To be clear, “high crimes and misdemeanors” is not a standard conceived for normal law enforcement. It applies instead to oath, honor, and trust—notions that are more demanding of public officials than the black and white prohibitions of criminal law.

While the standard is high-minded it is not an abstraction. The Framers were very clear: betrayals of the constitutional order, dishonesty in the executive’s dealing with Congress, and concealment of dealings with foreign powers that could be injurious to the American people were among the most grievous, and impeachable, high crimes and misdemeanors.

Above all, the Framers had in view the president’s oath of allegiance to our system of government, a system in which the president’s highest duty is faithful execution of the laws. The mere attempt to subvert the constitution would be a breach of trust that warranted impeachment and removal.

A free country requires the rule of law. But the rule of law is a sham if lawlessness is rampant among those who govern. This was the deep political truth that the Framers of this country recognized in the providing for the impeachment of an errant executive. It is a truth that we ignore at our peril.

Faithless Execution Author Q&A

You are a well-known conservative commentator – how would you answer the accusation that Faithless Execution is just a partisan stunt?

McCarthy: Well, ‘conservative’ does not mean ‘Republican’—in fact, the book is not very flattering when it comes to GOP fecklessness in the face of the president’s lawlessness. But the main point is: Faithless Execution argues against partisan hackery. I analyze the legal case for impeachment as a former prosecutor who would not go to court without a sufficient case. And as far as the politics goes, I argue that, despite the sizable majority Republicans hold in the House, articles of impeachment should not be filed unless and until there is a strong public will to remove the president from power—one that transcends party lines.

Many Republicans say an effort to impeach Barack Obama is political suicide for the Republican Party. How do you respond to this?

McCarthy: The failure to pursue impeachment is likely to be suicide for the country, which is much more important than the political fate of the Republican Party. But, again, making the case for impeachment—which would probably help not only Republicans but any elected official who defends our constitutional framework—is not the same as moving forward with articles of impeachment, which should not happen absent public support.

How does the case for Barack Obama’s impeachment compare to the campaigns to impeach Nixon and Clinton?

McCarthy: Obama’s presidency is a willful, systematic attack on the constitutional system of separation of powers, an enterprise that aims to bring about a new regime of government by executive decree. This is exactly the kind of subversion the Framers designed the impeachment power to address. The Nixon and Clinton episodes involved misconduct that did not aim to undermine our constitutional framework.

You describe impeachment as a political and not a legal remedy. What’s the distinction?

McCarthy: Legally speaking, a president may be impeached for a single offense that qualifies as “high crimes and misdemeanors”—a breach of the profound public trust vested in the president, a violation of his constitutional duty to execute the laws faithfully. But real impeachment requires the public will to remove the president from office. You can have a thousand impeachable offenses, but without that political consensus, impeachment is not an appropriate remedy.

About the Author

Andrew C. McCarthy was a top federal prosecutor involved in some of the most significant cases in recent history. Decorated with the Justice Department’s highest honors, he retired from government in 2003, after helping launch the 9/11 investigation. He is one of America’s most persuasive voices on national security issues and author of the bestsellers Willful Blindness: A Memoir of the Jihad and The Grand Jihad: How Islam and the Left Sabotage America. Currently, he is a policy fellow at the National Review Institute, a contributing editor at National Review, and a columnist for PJ Media.

"About this title" may belong to another edition of this title.

Store Description

We carry a wide selection of books from South Asia, United States, UK.

Visit Seller's Storefront

Seller's business information

Readingos GmbH
Kaiserstra�e 47, Frankfurt am Main, 60329, Germany

Sale & Shipping Terms

Terms of Sale

Right of cancellation

If you are a consumer you can cancel the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.

INFORMATION REGARDING THE RIGHT OF CANCELLATION

Statutory Right to cancel

You have the right to cancel this contract within 14 days for any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the the last good or the last lot or piece.

To exercise the right to cancel, you must inform us, Biblios, 47 Kaisetstrasse, 60329, frankfurt am main, hessen, Germany, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. You can also electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel with contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or Biblios, 47 Kaisetstrasse, 60329, frankfurt am main, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of cancellation

The right of cancellation does not apply to:

the delivery of newspapers, journals or magazines with the exception of subscription contracts; and
the supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: (Biblios, 47 Kaisetstrasse, 60329, frankfurt am main, hessen, Germany)

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

* Delete as appropriate.

Shipping Terms

Shipping rates from Germany to U.S.A.

Shipping rates from Germany to U.S.A.
Order quantity	25 to 45 business days	8 to 14 business days
First item	� 8.77	� 16.47

Delivery times are set by sellers and vary by carrier and location. Orders passing through Customs may face delays and buyers are responsible for any associated duties or fees. Sellers may contact you regarding additional charges to cover any increased costs to ship your items.

Detailed Seller Information