This week, House Republicans voted to impeach Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, marking only the second time in U.S. history that a Cabinet Secretary has faced impeachment. President Biden expressed disdain for the impeachment, labeling it as a blatant act of unconstitutional partisanship. Despite the impeachment in the House, the Democrat-led Senate may not proceed with a trial, making it unlikely that Mayorkas will face conviction.
Republican Congressman Tom McClintock, one of the three Republicans who voted against impeaching Mayorkas, highlighted the importance of upholding the Constitution in matters of impeachment. He argued that maladministration, malfeasance, corruption, and neglect of duties were not grounds for impeachment, as the American founders rejected these terms during the Constitutional Convention. According to McClintock, the term 'high crimes and misdemeanors' in the Constitution referred to actual crimes committed using one's office, rather than policy or political disputes.
The discussion around Mayorkas's impeachment also raised questions about the accountability of Cabinet members versus the President. McClintock emphasized that all executive authority is vested in the President, and Cabinet secretaries derive their power directly from the President through the Constitution. Therefore, their loyalty lies with the President, as long as their actions are within constitutional bounds.
The broader trend of impeachments in recent years was also scrutinized, with concerns raised about impeachment becoming a political tool rather than a mechanism to address high crimes and misdemeanors. The founders had intended impeachment to be a serious process, not a means to settle policy and political disputes.
The conversation extended to issues such as border security, military aid for Israel, Ukraine, and Taiwan, and the impact of intertwining these matters in legislative negotiations. McClintock advocated for single-subject bills to bring clarity to legislative discussions and criticized the current stalemate caused by mixing unrelated issues.
The discussion underscored the importance of enforcing laws and securing the border, emphasizing that policies need to be executed with an administration dedicated to upholding the rule of law and protecting the American people. McClintock's adherence to the Constitution guided his views on these matters, emphasizing the need for government actions to align with the Constitution and the principles it upholds.