Question

State the case or situation and discuss the ethical and legal issues in Impeachment of Trump

Discuss also the options and any additional information needed to make your decisions

1. OUTLINE THE CASE

2. QUALITY OF CASE SELECTED

3. STATE THE ETHICAL ISSUES

4. STATE THE LEGAL ISSUSES

5. DISCUSS THE OPTIONS/DEBATE THE ISSUES

6. DISCUSS EXTRA INFO.NEEDED TO MAKE DECISION

8-14 pages

Answer 1

The ethical and legal issues in Impeachment of Trump

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Trump's impeachment came after a formal House inquiry alleged that he had solicited foreign interference in the 2020 U.S. presidential election to help his re-election bid, and then obstructed the inquiry itself by telling his administration officials to ignore subpoenas for documents and testimony.

Given our two-party system, the process of impeachment and potential removal of a president is divisive in its nature and hard on the nation, particularly amid such a partisan atmosphere. This phenomenon can encourage members of either party to weigh in favor of special interests or those with power, rather than on the best interests of their constituency or in constitutional manners. This was evident throughout Donald Trump’s impeachment where votes were almost always cast along party lines.

For a government to function adequately, it is imperative that both Democratic and Republican politicians abide by an ethical framework when proceeding with an impeachment trial, rather than allow their partisan ties to rule their decisions. When calling for an impeachment proceeding, politicians must consider these questions based on the five following ethical approaches:

Utilitarian

This framework states that an ethical action is one that “provides the most good or does the least harm.” It focuses on having the overall good outweighing the bad. For this framework, it is important to look at the distinct stakeholders and how a decision will impact each group.

Will more citizens benefit from a removal of office? If the president was elected to represent all citizens, will lack of removal in the case of a crime put them all at risk?

Rights

The rights approach sees the ethical action as one that “best protects and respects the moral rights of those affected.” In the case of an impeachment trial, the president and the citizens who are relying on the president’s leadership would be affected by his potential removal.

Is the impeachment proceeding respecting the president’s dignity? Will both parties treat the other with respect and secure their rights? Who are the stakeholders? How will removing the president impact the rights that citizens have as voters?

Fairness

Another approach that can be taken into consideration is fairness, which focuses on the equality of human beings. This approach sees ethical actions as those that “treat all human beings equally—or if unequally, then fairly based on some sort of standard.”

Is there fair reasoning based on defensible standards for the charges? Will impeaching the president be treating him like an equal to citizens? Would members of each party approach the trial in the same manner if the parties were switched?

Common Good

The common good approach sees “life in community [as] good in itself and [assumes] actions should contribute to that life.” Under this approach, relationships are based on respect and compassion, especially towards those in vulnerable positions.

Virtue

Finally, the virtue approach consists of taking ethical actions that are “consistent with certain ideal virtues that provide for the full development of our humanity.” This approach emphasizes high potentials within our character and expects us to uphold these values.

Following are some tips and ideas for lawmakers to take into consideration when addressing an impeachment trial ethically:

Lawmakers must look at the acts under which a president is being impeached to asses the impact these acts could have on future situations or the power that is granted to the executive branch. For example, if they allow a president to invite foreign intervention in elections that have the potential to undermine voters, they would be ignoring the constitutional process that gives citizens a right to vote and expand the power of the executive. Similarly, if a president is removed when they have not committed a crime or there is insufficient evidence for a removal, the legislative branch would be overstepping their power and taking it away from citizens who voted for the president. The actions that take place in the trial can serve as precedents for impeachments and will impact how they are approached and thought of in the future. For this reason, ethics should be at the center of the process.

Lawmakers should ensure the process is the proper length and that all sides of the case are looked at thoroughly and with enough time. Rushing into a decision or a trial without all possible facts present can diminish the potential for an ethical decision and a fair verdict.

Overall, lawmakers take on a very important role when an impeachment inquiry is brought upon them; they must consider who they represent, what values they personally stand for, and what they ultimately believe is the truth. For democracy to be promoted and sustained, it is imperative that, when brought forth to the Senate, an impeachment trial is carried out ethically and fairly, for the best of the country and its citizens.