2017 SJR 16: Providing for impeachment of the Executive Branch

Senate Joint Resolution No. 16 provides for a mechanism to impeach members of the executive branch of the government through an amendment to the Oregon State Constitution.  This resolution was filed by Senator Ferrioli and is also sponsored by Senators Nearman and Whisnant.  There is a public hearing tentatively scheduled for March 22nd, 2017.

The SJR 16 proposal

The resolution proposes to add a Section 34 to Article IV (Legislative branch).  This defines it the authority of the House of Representatives to make an accusation of malfeasance, corruption of negligence which would be approved by a three-fifths majority and then the case would be tried by the Senate which would have to approve it by a two thirds majority to remove a duly elected member out of office.  Insofar as criminal charges, these would have to be filed separately by law enforcement and conviction by the Senate is not included from the point of view of the double jeopardy clause in Article I.

My view

I think that this would be significantly abused for political purposes.  Of course the House and Senate would provide a suitable pretense on which to accuse and convict...something that seems at least legitimate, but frankly, it would be rare for actual criminal charges to follow and have a politician thrown in jail.  This seems in some way to be a reaction to the whole Kitzhaber debacle, but I don't think it is a workable mechanism.  We are going to have contentious politics for some years to come.  Let us not also make it into an era of an escalating legislative arms race.  If you look at, for example, Belgium, political dysfunction can become normalized.  Providing weapons such as this impeachment that can be used through party-line votes is a step that would end up normalizing such dysfunction because it only radicalizes everyone rather than being an incentive to compromise.