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(单词翻译:双击或拖选)
Barbara Jordan: Statement on the Articles of Impeachment1
"If the impeachment provision in the Constitution of the United States will not reach the offenses2 charged here, then perhaps that 18th century Constitution should be abandoned to a 20th century paper shredder."
[AUTHENTICITY CERTIFIED3: Text version below transcribed4 directly from audio.]
Thank you, Mr. Chairman.
Mr. Chairman, I join my colleague Mr. Rangel in thanking you for giving the junior members of this committee the glorious opportunity of sharing the pain of this inquiry5. Mr. Chairman, you are a strong man, and it has not been easy but we have tried as best we can to give you as much assistance as possible.
Earlier today, we heard the beginning of the Preamble6 to the Constitution of the United States: "We, the people." It's a very eloquent7 beginning. But when that document was completed on the seventeenth of September in 1787, I was not included in that "We, the people." I felt somehow for many years that George Washington and Alexander Hamilton just left me out by mistake. But through the process of amendment8, interpretation9, and court decision, I have finally been included in "We, the people."
Today I am an inquisitor. An hyperbole would not be fictional10 and would not overstate the solemnness that I feel right now. My faith in the Constitution is whole; it is complete; it is total. And I am not going to sit here and be an idle spectator to the diminution11, the subversion12, the destruction, of the Constitution.
"Who can so properly be the inquisitors for the nation as the representatives of the nation themselves?" "The subjects of its jurisdiction13 are those offenses which proceed from the misconduct of public men."¹ And that's what we're talking about. In other words, [the jurisdiction comes] from the abuse or violation14 of some public trust.
It is wrong, I suggest, it is a misreading of the Constitution for any member here to assert that for a member to vote for an article of impeachment means that that member must be convinced that the President should be removed from office. The Constitution doesn't say that. The powers relating to impeachment are an essential check in the hands of the body of the legislature against and upon the encroachments of the executive. The division between the two branches of the legislature, the House and the Senate, assigning to the one the right to accuse and to the other the right to judge, the framers of this Constitution were very astute15. They did not make the accusers and the judgers -- and the judges the same person.
We know the nature of impeachment. We've been talking about it awhile now. It is chiefly designed for the President and his high ministers to somehow be called into account. It is designed to "bridle16" the executive if he engages in excesses. "It is designed as a method of national inquest into the conduct of public men."² The framers confined in the Congress the power if need be, to remove the President in order to strike a delicate balance between a President swollen17 with power and grown tyrannical, and preservation18 of the independence of the executive.
The nature of impeachment: a narrowly channeled exception to the separation-of-powers maxim19. The Federal Convention of 1787 said that. It limited impeachment to high crimes and misdemeanors and discounted and opposed the term "maladministration." "It is to be used only for great misdemeanors," so it was said in the North Carolina ratification20 convention. And in the Virginia ratification convention: "We do not trust our liberty to a particular branch. We need one branch to check the other."
"No one need be afraid" -- the North Carolina ratification convention -- "No one need be afraid that officers who commit oppression will pass with immunity21." "Prosecutions22 of impeachments23 will seldom fail to agitate24 the passions of the whole community," said Hamilton in the Federalist Papers, number 65. "We divide into parties more or less friendly or inimical to the accused."³ I do not mean political parties in that sense.
The drawing of political lines goes to the motivation behind impeachment; but impeachment must proceed within the confines of the constitutional term "high crime[s] and misdemeanors." Of the impeachment process, it was Woodrow Wilson who said that "Nothing short of the grossest offenses against the plain law of the land will suffice to give them speed and effectiveness. Indignation so great as to overgrow party interest may secure a conviction; but nothing else can."
Common sense would be revolted if we engaged upon this process for petty reasons. Congress has a lot to do: Appropriations25, Tax Reform, Health Insurance, Campaign Finance Reform, Housing, Environmental Protection, Energy Sufficiency, Mass Transportation. Pettiness cannot be allowed to stand in the face of such overwhelming problems. So today we are not being petty. We are trying to be big, because the task we have before us is a big one.
This morning, in a discussion of the evidence, we were told that the evidence which purports26 to support the allegations of misuse27 of the CIA by the President is thin. We're told that that evidence is insufficient28. What that recital29 of the evidence this morning did not include is what the President did know on June the 23rd, 1972.
The President did know that it was Republican money, that it was money from the Committee for the Re-Election of the President, which was found in the possession of one of the burglars arrested on June the 17th. What the President did know on the 23rd of June was the prior activities of E. Howard Hunt, which included his participation30 in the break-in of Daniel Ellsberg's psychiatrist31, which included Howard Hunt's participation in the Dita Beard ITT affair, which included Howard Hunt's fabrication of cables designed to discredit32 the Kennedy Administration.
We were further cautioned today that perhaps these proceedings33 ought to be delayed because certainly there would be new evidence forthcoming from the President of the United States. There has not even been an obfuscated34 indication that this committee would receive any additional materials from the President. The committee subpoena35 is outstanding, and if the President wants to supply that material, the committee sits here. The fact is that on yesterday, the American people waited with great anxiety for eight hours, not knowing whether their President would obey an order of the Supreme36 Court of the United States.
At this point, I would like to juxtapose a few of the impeachment criteria37 with some of the actions the President has engaged in. Impeachment criteria: James Madison, from the Virginia ratification convention. "If the President be connected in any suspicious manner with any person and there be grounds to believe that he will shelter him, he may be impeached38."
We have heard time and time again that the evidence reflects the payment to defendants39 money. The President had knowledge that these funds were being paid and these were funds collected for the 1972 presidential campaign. We know that the President met with Mr. Henry Petersen 27 times to discuss matters related to Watergate, and immediately thereafter met with the very persons who were implicated40 in the information Mr. Petersen was receiving. The words are: "If the President is connected in any suspicious manner with any person and there be grounds to believe that he will shelter that person, he may be impeached."
Justice Story: "Impeachment" is attended -- "is intended for occasional and extraordinary cases where a superior power acting41 for the whole people is put into operation to protect their rights and rescue their liberties from violations42." We know about the Huston plan. We know about the break-in of the psychiatrist's office. We know that there was absolute complete direction on September 3rd when the President indicated that a surreptitious entry had been made in Dr. Fielding's office, after having met with Mr. Ehrlichman and Mr. Young. "Protect their rights." "Rescue their liberties from violation."
The Carolina ratification convention impeachment criteria: those are impeachable43 "who behave amiss or betray their public trust."4 Beginning shortly after the Watergate break-in and continuing to the present time, the President has engaged in a series of public statements and actions designed to thwart44 the lawful45 investigation46 by government prosecutors47. Moreover, the President has made public announcements and assertions bearing on the Watergate case, which the evidence will show he knew to be false. These assertions, false assertions, impeachable, those who misbehave. Those who "behave amiss or betray the public trust."
James Madison again at the Constitutional Convention: "A President is impeachable if he attempts to subvert48 the Constitution." The Constitution charges the President with the task of taking care that the laws be faithfully executed, and yet the President has counseled his aides to commit perjury49, willfully disregard the secrecy50 of grand jury proceedings, conceal51 surreptitious entry, attempt to compromise a federal judge, while publicly displaying his cooperation with the processes of criminal justice. "A President is impeachable if he attempts to subvert the Constitution."
If the impeachment provision in the Constitution of the United States will not reach the offenses charged here, then perhaps that 18th-century Constitution should be abandoned to a 20th-century paper shredder.
Has the President committed offenses, and planned, and directed, and acquiesced52 in a course of conduct which the Constitution will not tolerate? That's the question. We know that. We know the question. We should now forthwith proceed to answer the question. It is reason, and not passion, which must guide our deliberations, guide our debate, and guide our decision.
*I yield back the balance of my time, Mr. Chairman.*
1 impeachment | |
n.弹劾;控告;怀疑 | |
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2 offenses | |
n.进攻( offense的名词复数 );(球队的)前锋;进攻方法;攻势 | |
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3 certified | |
a.经证明合格的;具有证明文件的 | |
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4 transcribed | |
(用不同的录音手段)转录( transcribe的过去式和过去分词 ); 改编(乐曲)(以适应他种乐器或声部); 抄写; 用音标标出(声音) | |
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5 inquiry | |
n.打听,询问,调查,查问 | |
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6 preamble | |
n.前言;序文 | |
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7 eloquent | |
adj.雄辩的,口才流利的;明白显示出的 | |
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8 amendment | |
n.改正,修正,改善,修正案 | |
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9 interpretation | |
n.解释,说明,描述;艺术处理 | |
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10 fictional | |
adj.小说的,虚构的 | |
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11 diminution | |
n.减少;变小 | |
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12 subversion | |
n.颠覆,破坏 | |
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13 jurisdiction | |
n.司法权,审判权,管辖权,控制权 | |
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14 violation | |
n.违反(行为),违背(行为),侵犯 | |
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15 astute | |
adj.机敏的,精明的 | |
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16 bridle | |
n.笼头,束缚;vt.抑制,约束;动怒 | |
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17 swollen | |
adj.肿大的,水涨的;v.使变大,肿胀 | |
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18 preservation | |
n.保护,维护,保存,保留,保持 | |
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19 maxim | |
n.格言,箴言 | |
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20 ratification | |
n.批准,认可 | |
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21 immunity | |
n.优惠;免除;豁免,豁免权 | |
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22 prosecutions | |
起诉( prosecution的名词复数 ); 原告; 实施; 从事 | |
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23 impeachments | |
n.控告( impeachment的名词复数 );检举;弹劾;怀疑 | |
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24 agitate | |
vi.(for,against)煽动,鼓动;vt.搅动 | |
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25 appropriations | |
n.挪用(appropriation的复数形式) | |
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26 purports | |
v.声称是…,(装得)像是…的样子( purport的第三人称单数 ) | |
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27 misuse | |
n.误用,滥用;vt.误用,滥用 | |
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28 insufficient | |
adj.(for,of)不足的,不够的 | |
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29 recital | |
n.朗诵,独奏会,独唱会 | |
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30 participation | |
n.参与,参加,分享 | |
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31 psychiatrist | |
n.精神病专家;精神病医师 | |
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32 discredit | |
vt.使不可置信;n.丧失信义;不信,怀疑 | |
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33 proceedings | |
n.进程,过程,议程;诉讼(程序);公报 | |
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34 obfuscated | |
v.使模糊,使混乱( obfuscate的过去式和过去分词 );使糊涂 | |
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35 subpoena | |
n.(法律)传票;v.传讯 | |
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36 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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37 criteria | |
n.标准 | |
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38 impeached | |
v.控告(某人)犯罪( impeach的过去式和过去分词 );弹劾;对(某事物)怀疑;提出异议 | |
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39 defendants | |
被告( defendant的名词复数 ) | |
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40 implicated | |
adj.密切关联的;牵涉其中的 | |
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41 acting | |
n.演戏,行为,假装;adj.代理的,临时的,演出用的 | |
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42 violations | |
违反( violation的名词复数 ); 冒犯; 违反(行为、事例); 强奸 | |
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43 impeachable | |
adj.可控告的,可弹劾的 | |
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44 thwart | |
v.阻挠,妨碍,反对;adj.横(断的) | |
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45 lawful | |
adj.法律许可的,守法的,合法的 | |
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46 investigation | |
n.调查,调查研究 | |
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47 prosecutors | |
检举人( prosecutor的名词复数 ); 告发人; 起诉人; 公诉人 | |
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48 subvert | |
v.推翻;暗中破坏;搅乱 | |
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49 perjury | |
n.伪证;伪证罪 | |
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50 secrecy | |
n.秘密,保密,隐蔽 | |
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51 conceal | |
v.隐藏,隐瞒,隐蔽 | |
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52 acquiesced | |
v.默认,默许( acquiesce的过去式和过去分词 ) | |
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