Daily Archives: January 17, 2007

States to the fore! (But don’t do anything crazy!)

I’ve just been on a conference call sponsored by the “Progressive States Network,” aimed at generating support for opposition to the Bush/McCain escalation of the war in Iraq. Joining the call was Senator Ted Kennedy, there to promote his bill requiring separate authorization for any such escalation, and most particularly for the funding of any such escalation.

But the main thrust of the call was to inform state level actors of their right and responsibility to speak out on this issue, even though it might be considered purely a matter of federal policy. State legislatures, we were reminded, can have a profound impact on Washington, and most especially on their representation in Congress. And it’s not as if such issues haven’t been addressed at the state level in the past. The PATRIOT Act, Social Security privatization, the genocide in Darfur, CAFTA and other trade agreements — all have been addressed in the recent past by state legislatures.

All fascinating, of course. And to no one’s surprise, there was no mention of impeachment, a subject about which four state legislatures have already seen resolutions introduced — almost all greeted with the same objection, often from both sides of the aisle, that it was “a federal issue.”

Well, next week — on the day President Bush delivers his State of the Union address, actually — New Mexico will become the fifth.

The resolution will be introduced by State Senator Gerald Ortiz y Pino (D-Albuquerque), along with cosponsor John Grubesic (D-Santa Fe). Democrats control both houses of the legislature: 24-18 in the Senate; 41-28 in the House. The signature of the Governor of New Mexico, Democrat Bill Richardson, is not required. Richardson is a candidate for the Democratic nomination for President in 2008.

Text of the draft resolution follows:

  A JOINT RESOLUTION

  PETITIONING CONGRESS TO COMMENCE THE INVESTIGATION OF AND IMPEACHMENT PROCEEDINGS AGAINST PRESIDENT GEORGE W. BUSH AND VICE PRESIDENT RICHARD B. CHENEY.

  WHEREAS, George W. Bush and Richard B. Cheney conspired with others to defraud the United States of America by intentionally misleading congress and the public regarding the threat from Iraq in order to justify a war in violation of Title 18 United States Code, Section 371; and

  WHEREAS, George W. Bush has admitted to ordering the national security agency to conduct electronic surveillance of American civilians without seeking warrants from the foreign intelligence surveillance court of review, duly constituted by congress in 1978, in violation of Title 50 United States Code, Section 1805; and

  WHEREAS, George W. Bush and Richard B. Cheney conspired to commit the torture of prisoners in violation of Title 18 United States Code, Chapter 113C, the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Geneva Conventions, which under Article VI of the United States constitution are part of the “supreme Law of the Land”; and

  WHEREAS, George W. Bush and Richard B. Cheney acted to strip American citizens of their constitutional rights by ordering indefinite detention without access to legal counsel, without charge and without the opportunity to appear before a civil judicial officer to challenge the detention, based solely on the discretionary designation by the president of a United States citizen as an “enemy combatant”, all in subversion of
  law; and

  WHEREAS, in all of this, George W. Bush and Richard B. Cheney have acted in a manner contrary to their trust as president and vice president, subverting constitutional government to the great prejudice of the cause of law and justice and to the manifest injury of the people of New Mexico and of the United States of America; and

  WHEREAS, petitions from the country at large may be presented by the speaker of the United States house of representatives, according to Clause 3 of House Rule XII; and

  WHEREAS, Section 603 of Thomas Jefferson’s Manual on Parliamentary Practice and of the Rules of the United States House of Representatives states that impeachment may be set in motion by charges transmitted from the legislature of a state;

  NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that George W. Bush and Richard B. Cheney, by such conduct, warrant impeachment and trial and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States; and

  BE IT FURTHER RESOLVED that the New Mexico congressional delegation be requested to cause to be instituted in the congress of the United States proper proceedings for the investigation of the activities of George W. Bush and Richard B. Cheney, to the end that they may be impeached and removed from their offices; and

  BE IT FURTHER RESOLVED that the secretary of state be instructed to certify and transmit to the speaker of the United States house of representatives and the clerk of the United States house of representatives, under the great seal of the state of New Mexico, a copy of this resolution and its adoption by the legislature of the state of New Mexico. The copies shall be marked with the word “Petition” at the top of the document and contain the original authorizing signature of the secretary of state.

State legislators in Vermont considering such a resolution already know that they’re not alone, having seen similar resolutions introduced last year in IllinoisCalifornia, and Minnesota.

This year, not only will New Mexico be joining the ranks, but a major drive will be on for state legislatures all over the country to do for the war exactly what you may have been told you had no right to do on impeachment.

And if you’re interested in challenging that notion with respect to the war, too, you’ll find a model resolution at the Progressive States Network site, here.