Beware of Impeaching Trump. It Could Hurt the Presidency.
https://www.nytimes.com/2019/09/24/opinion/ukraine-trump.html
But we should beware that rushing into an impeachment may do long-term harm to the presidency and our national security.
The Constitution vests the president with the authority to conduct foreign policy and the responsibility to protect the nation’s security. A president, even one who is possibly engaging in wrongdoing, must have confidence in the confidentiality of his communications or he will be unable to perform his constitutional duties and our international relations will fall victim to government by committee.
“Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand,” Alexander Hamilton wrote in
Federalist 74.
The framers concentrated these powers in the president so the nation could act effectively in a dangerous world. “That unity is conducive to energy will not be disputed,” Hamilton observed in
Federalist 70. “Decision, activity, secrecy and dispatch will generally characterize the proceedings of one man.”
Congressional interference into presidential conversations with foreign leaders would violate Article II. According to Mr. Trump’s critics, the inspector general for the intelligence community can forward any whistle-blower complaint to Congress if it involves a matter of “urgent concern.”
But Congress cannot subject the president to the supervision, control or review of a subordinate officer. As the Supreme Court made clear in
a 1926 case, all executive branch officials exist to assist the president in the performance of his constitutional duties. An intelligence officer cannot file a whistle-blower complaint against the president, because the president is not a member of the intelligence community; nor does a presidential phone call with a foreign leader qualify as an intelligence operation. The intelligence community works for the president, not the other way around.
Under the Constitution and long practice, the president
alone conducts foreign relations. As Justice George Sutherland wrote for the majority in a
1936 Supreme Court opinion (quoting Chief Justice John Marshall), the president “is the sole organ of the nation in its external relations, and its sole representative with foreign nations.”
Beginning with George Washington’s 1796 refusal to provide the House with the Jay Treaty negotiating record, presidents have claimed the right not just to communicate with foreign leaders but also to keep national security information secret. Thomas Jefferson even expanded executive privilege to protect national security information against the courts in 1807, when he refused to testify in the treason trial of Aaron Burr (Chief Justice Marshall, presiding as trial judge, accepted Jefferson’s claim).
Here, good constitutional structure matches good policy. If Congress could regulate presidential discussions with foreign leaders, presidents and foreign leaders would speak less candidly or stop making the calls altogether. United States foreign policy — approved by the American people at each election — would be crippled.