Impeachment:
Not just for the Governor anymore!

Each branch of government has two duties or responsibilities that go along with upholding and defending the Constitution against enemies, both foreign and domestic.

For the Executive Branch, the first half of the job is to enforce the laws of the Land on the People. The second half of the job is to enforce the Constitution on government.  (When was the last time you saw that happen in Oregon) The Constitution is the “Law” and the definition for the government. Law that has been evaded for at least 40 years.

For the Legislative Branch, the first half of their job is to create the laws of the Land that the People are to live by. The second half of their job is protecting the People from government. (Again, when was the last time that happened in Oregon)  i.e. Porn in schools, expanding government with no real purpose, all of studies instead of building the Columbia River Bridge, etc. etc. etc…

For the Judicial Branch, the first half of their job is to protect the Constitution from the Legislature. (Sadly again, the last time that happened was when measure 114 was declared unconstitutional, however, a slightly higher court brought it all back to life, ignoring judicial rules, and fulfilling the goals of what-ever appointed them to office.) The second half of their job is to protect their personal integrity. Integrity is what you must personally have when making decisions that affect the very lives of everyday Americans. American’s hopes, dreams, and futures are all riding on the integrity of the Judicial Branch stopping unconstitutional efforts needed for both corruption and tyranny.

As a side note: Personal Integrity is the definition of what “Good Behavior”,  as mentioned in the Constitution, actually is. When a Judge loses their personal integrity to corruption or some other influences that leads to alternative goals that are different than upholding and defending the Constitution, that judge must be removed from office by the Governor.

The People need the ability to remove bad Governors, bad Legislators, and bad Judges when the People recognize that corruption or nefarious people have gotten into and are controlling the actions of government. And by the same token, the People we elect must be protected from those that intend to remove anybody from office because they just don’t like the way they part their hair. (Or in Oregon, just because they are a Republican)

There was some talk of an Impeachment process being enacted in Oregon. That seems to have gone by the wayside. The following is intended as a guideline to designing a Referendum to amend the Oregon Constitution to add a process to impeach Representatives from all three branches of government and for the People to shut down useless or outdated government entities.

Side note: This Impeachment guide added to the Oregon Constitution should be an integral part of running for Governor in the State of Oregon. As mentioned before, any Republican that gets elected as Governor will see and organized recall effort to remove that Republican Governor that  will start the moment he or she is elected. There is simply too much corruption that depends on Oregon tax payers for their livelihood.

The following is somewhat of an outline. Nothing is written in “Constitutional-eaze”. And you’ll see that there are several areas that are repeated several time.

Impeachment and discontinuing of government organizations:

Impeachment shall be defined as actions to remove an elected or appointed office holder from office or the shutdown of any government entity that does not meet other Constitutional guidelines for their efficiency or failure to supply the service intended by Law.

1. The House of Representatives and the People via referendum shall have to sole right to Impeach.
2. In the case of the Governor, Treasurer, Secretary of State or County Commissioners;
   1. Actual crimes that are considered to be at the level of Felonies and are punishable by imprisonment may be considered by the House of Representatives.
      1. Any and all trials for civil or criminal penalties must start no later than 60 days from removal from office.  Failure to start any trail for offences that lead to impeachment will result in the reinstatement to office.
   2. Campaign Finance violations as prescribe by law shall be grounds for impeachment.
      1. Being found guilty of Campaign Finance Laws while in office is automatic impeachment and sent to the Senate for trial.
   3. Referendum to impeach the Governor, Treasurer, Secretary of State or County Commissioner by a Vote of the People shall require;
      1. 50% +1 votes refers the Governor to trial by the Senate. 50%+1 votes removes the Treasurer or Secretary of State from the moment of certification.
      2. A conviction requires of 2/3rds of the Senate vote to convict and the Governor is removed from office from that moment.
      3. 2/3rds +1 vote of the People removes the governor from office at the moment the vote is certified.
   4. The Governor shall not have the Power of the Pardon from the time the People successfully file a petition for a vote of the People and his or her removal from office. Capital Punishment shall be placed on hold until resolution of the impeachment is settled.
   5. For the Governor, Treasurer, and Secretary of State, as special election shall be called for their replacement unless the is less than 90 days before the next
3. In the case of a Legislator;
   1. Actual crimes that are considered to be at the level of Felonies and are punishable imprisonment may be considered by the House of Representatives.
      1. Any and all trials for civil or criminal penalties must start no later than 60 days from removal from office. Failure to start any trail for offences that lead to impeachment will result in the reinstatement to office.
   2. Campaign Finance violations as prescribe by law shall be grounds for impeachment.
      1. Being found guilty of Campaign Finance Laws while in office is automatic impeachment and results in removal from office.
   3. Referendum to impeach a member of the Senate or House of Representatives by a Vote of the People will require;
      1. 50% +1 votes removes a Legislator from office.
   4. Removal from Office within the House of Representatives by the House of Representatives shall be defined as Impeachment.
      1. “Conduct Unbecoming” shall not be considered for removal within the House of Representatives.
   5. Removal from Office within the Senate by the Senate shall be defined as Impeachment.
      1. “Conduct Unbecoming” shall not be considered for removal within the Senate.
4. In the case of the Judicial Branch; A Judge or any appointed office holder within the Judicial Branch;
   1. Actual crimes that are considered to be at the level of Felonies and are punishable by imprisonment may be considered by the House of Representatives.
      1. Any and all trials for civil or criminal penalties must start no later than 60 days from removal from office. Failure to start any trail for offences that lead to impeachment will result in the reinstatement to office.
   2. Campaign Finance violations as prescribe by law shall be grounds for impeachment.
      1. Being found guilty of Campaign Finance Laws while in office is automatic impeachment and sent to the Senate for trial.
   3. Any judge shall be removed from office by the Governor for “Bad Behavior” as defined by the Constitution and by law.
   4. Referendum to impeach a Judge at any level within the Judicial Branch by a Vote of the People will require;
      1. 50% +1 votes removes a Judge from office.
   5. The Governor shall have the sole responsibly to remove from office any Judge that demonstrates bad behavior in Office. The House of Representatives by a simple majority signature vote my reinstate a Judge. Reinstatement of a Judge is grounds for a Special Session of the Legislature that may be called by Senate President or Speaker of the House for the sole purpose of addressing the removal from Office. Failure to call a Special Session within 15 working days or getting 50%+1 votes within the House shall support the removal from office.
5. In the case of an Appointed Official other than the Judicial Branch of government;
   1. Only actual crimes that are considered to be at the level of Felonies and are punishable by imprisonment may be considered by the House of Representatives.
      1. Any and all trials for civil or criminal penalties must start no later than 60 days from removal from office. Failure to start any trail for offences that lead to impeachment will result in the reinstatement to office.
   2. Campaign Finance violations as prescribe by law shall be grounds for impeachment.
      1. Being found guilty of Campaign Finance Laws while in office is automatic impeachment and sent to the Senate for trial.
   3. Referendum to impeach any appointed office holder will require;
      1. 50% +1 votes removes the appointed office holder.
6. In the case of all other State-Wide elected office holders. Congressional District Representatives and US Senators are State-Wide Office holders:
   1. Only actual crimes that are considered to be at the level of Felonies and are punishable by imprisonment may be considered by the House of Representatives.
      1. Any and all trials for civil or criminal penalties must start no later than 60 days from removal from office. Failure to start any trail for offences that lead to impeachment will result in the reinstatement to office.
   2. Campaign Finance violations as prescribe by law shall be grounds for impeachment.
      1. Being found guilty of Campaign Finance Laws while in office is automatic impeachment and removal from Office.
   3. Referendum to impeach the State-Wide office holders by a Vote of the People will require;
      1. 50% +1 votes removes State-Wide office holders from office the moment the election is certified.
7. In the Case of discontinuing of government organizations:
   1. The House of Representatives shall shut down any government organizations that do not meet requirements as prescribed by law for what they were intended. This action does not require signature of the Governor.
   2. Referendum to shut down any government organizations requires 50%+1 votes. Entity is to be shut down within 30 days of certification of vote.
8. In all cases:
   1. Campaign contributions found to be from sources outside the United States or from corporations that conduct business that solely handles money shall be grounds for impeachment from the House and Referendum.
   2. Dissatisfaction, excessive loss of life, incompetence, or any other action not covered by law shall not be a consideration for impeachment.
   3. Impeachment shall not be considered as punishment for High Crimes and Misdemeanors. “Double Jeopardy” does not apply due to the only action that can be taken as removal from office.
   4. Selective enforcement, Selective Ignorance, and Selective denial of Constitutional rights shall be grounds for impeachment.

Other considerations needed

1. The percent of registered voters for Referendums to be valid for getting on the next ballot.
2. A rewrite to an amendment format to the Oregon Constitution.