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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Oct. 9, 1973)
Page 2 College Station, Texas Tuesday, October 9, 1973 THE BAH/ Impeachment Procedures, Precedents Reviewed WANT By DR. PAUL P. VAN RIPER A great deal of information and con siderable misinformation has been bandied about recently on the subject of impeach ment. A brief rundown of the consitutional provisions and the few available precedents on this and related matters of possible in dictment or subpoena of the President or Vice President are of interest. The Constitution provides that the House of Representatives must first approve charges of impeachment by a majority vote. This is called “impeachment” and is the equivalent of a grand jury indictment—that Side Effects Unnecessary] Before the TAMU System Board of Directors gives its approval to the Academic Council’s recommended change in the status of required physical education course, a serious examination of the resulting repercussions is in order. As the courses now stand, only males are required to take them and the Council has moved to insure that women are given an equal opportunity to enroll in the required courses. With this we have no quarrel. A conflict occurs because students will no longer get the “bonus” grade points awarded in the course since no hours of credit have been given. The Council changed this in its recommendations to the Board in its last meeting to “re ward” students for their academic endeavors in the courses. To date, students taking these courses actually have false grade point ratios and this has caused problems for some, particularly those wanting to enroll in law school and other professional schools. We admit, this could foul up a student’s plans if he isn’t careful, but students of this caliber should look after themselves anyway. In addition, A&M has been able to boast the largest en rollment in Phi Eta Sigma, the freshman honor society, be cause of the present setup. The number could drop signifi cantly were these free grade points removed. This could hamper the availability of tutors in the society because of a reduction in members. Then again, students could be as sured of the highest quality tutors for help if changes are made. Also, these free grade points may be keeping some stu dents enrolled here—hard-working students who may de serve a break. There are many of this type student here, desperately trying to stay enrolled with a 2.0 GPR. Although for most colleges it is a point of small conse quence, the total number of hours required for graduation would be boosted by four by the change. At least this would make the A&M grading system consistent with those of other universities across the state. It’s not a tough decision to make, but we hope the Board will strike down the Council’s recommendation and let “a sleeping dog lie” for a minority’s sake. Listen Up— Batt Columnist Proclaimed Victim of Brainwashing Editor: Re: An article in “Listen Up” on Oct. 4 by Rick Brown on the adoption of new textbooks for the Texas public school system. Mr. Brown is justified in mak ing light of any attempts to please everyone, while still point ing out some of the problems that do exist. Yet he reveals himself a victim of the brainwashing possible through public school {textbooks and] articles of the Time-Life mentality. In simply dismissing opposition to the teaching of evolution as a dogma as comparable to believing in a flat earth, he has sacrificed his reason to worship at the sacred cow of science. Would he listen to experts in the various fields rather than professors whose messianic mission is the destruc tion of all non-humanistic beliefs, he would soon realize how tenu ously supported and open to doz ens of interpretations this grand hypothesis is. This belief is clung to despite the fact that the spontaneous origin of life has never been ob served and in the light of prob ability and the laws of thermo dynamics more because of the need to believe in evolution than the evidence for it. Without this natural miracle there must be a supernatural miracle that implies a creator—God. This God must die lest in the face of His divine laws man’s transcendent freedom becomes nonexistent. Evolution gives us an alternative to God and is clung to that He might be shut out. If we are appalled that anyone would force his religious dogma upon children, we must be appalled also at this pseudo scientific dogma being fostered upon us to escape the implica tions of a non-evolutionary origin to life. Jeff Harwell Editor: “I don’t care what the peace queers think, I just want to kill some chinks.” Could you imagine these words being shouted at an educational facility of the cali ber of A&M ? If you have never heard atrocities like these, it is apparent that you have never heard a Corps “crap out.” 1. Is this another great tra dition at A&M ? 2. Is not the Corps supposed to build mind and spirit? 3. What kind of mind runs around saying these things ? 4. Is not the Corps supposed to build leaders or are they all just followers ? 5. If they really believe what they are saying, why are there still Oriental Aggies on campus? 6. Why does the Corps even have a chaplain if this is its attitude ? 7. Does the fifth command ment only apply to White Anglo- Saxon Protestants ? Josten Ma K. H. Puah Bill Fisher Steve Schoenhart Keith Steward Jay Alkire Randy Mitchell John Luscombe Jim Shiner ★ ★ ★ Editor: Re: the article, “Coed Under goes Abortion,” in The Battalion, Sept. 19, 1973. The psychological trauma and physical damage of an abortion lasts much longer than the brief period involved and does irrepair- able damage to the mother, not to speak of killing an innocent in fant. Morally, it would seem like it would be worse to kill an inno cent child, than the premeditated murder of an adult. For those unfortunate girls who do become pregnant, the Birth Right Organization pro vides a solution by helping them to carry their babies to full term, and a healthy birth of a new in dividual, help mankind. Any girl seeking assistance, can call the Birth Right Organization collect, Houston 713/529-7273, or Austin 512/434-7288. Joseph P. Mueller Petroleum Engineer ★ ★ ★ Editor A&M finally has a long overdue asset: a student operated radio station. Many major colleges and universities throughout the coun try have radio stations, and I am glad to see A&M acquire these facilities. I urge all interested students to get involved with Student Gov ernment Radio and urge all stu dents and faculty members to lis ten to and support it. I hope that in the future a course in radio broadcasting will be implement ed, and credit given. I would also like to publicly thank Midwest Video Corpora tion for donating the studios, equipment, utilities, etc. Without their help the task of organizing and broadcasting would have been much harder. John Herndon ’74 Manager-Program Director ★ ★ ★ Editor: . Julia Jones’ sensitive, front page Dobie Grey article Oct 2, 1973 entertains and informs—a rarity in these days of redundant new journalism. The piece although no “La Campanella” of journalism, nev ertheless harmonizes in prose what so many rock singers can’t convey in sterile music. Emerson Rutherford Cbe Battalion Opinions expressed in The Battalion are those of the editor or of the writer of the article and are not necessarily those of the University administration or the Board of Directors. The Battalion is a non-profit, self-supporting enterprise operated by students as a University and Community newspaper. LETTERS POLICY Letters to the editor should not exceed 300 words and are subject to being cut to that length or less if longer. The editorial staff reserves the right to edit such letters and does not guarantee to publish any letter. Each letter must be signed and show the address of the writer. Address correspondence to Listen Up, The Battalion, Room 217, Services Building, College Station, Texas 77843. Members of the Student Publications Board are: Jim Lindsey, chairman; Dr. Tom Adair, Dr. R. A. Albanese, Dr. H. E. Hierth, W. C. Harrison, J. W. Griffith, L. E. Kruse and B. B. Sears. Represented nationally by National Educational Advertising: Service*. Inc, New York City, Chicagro and Los Angreles. The Battalion, a student newspaper at Texas A&M, is published in College Station, Texas, daily except Saturday, Sunday, Monday, and holiday periods, September through May, and once a week during summer school. MEMBER The Associated Press, Texas Press Association Mail subscriptions are $3.50 per semester; $6 per school year; $6.50 per full year. All subscriptions subject to 6% sales tax. Advertising rate furnished on request. Address: The Battalion, Room 217, Services Building, College Station, Texas 77843. The Associated Press is entitled exclusively to the use for reproduction of all news dispatches credited to it or not otherwise credited in the paper and local news of spontaneous origin published herein. Right of reproduction of all other matter herein are also reserved. Second-Class postage paid at College Station, Texas. EDITOR MIKE RICE Managing Editor Rod Speer News Editor T. C. Gallucci Photo Editor Reger Mallison Sports Editor Kevin Coffey Ass’t. Sports Editor Ted Boriskie is, that there is enough evidence the person should be tried by the Senate, over which the Chief Justice of the Supreme Court pre sides if the President is the defendant (otherwise, the Vice President or the Presi dent Pro Tern of the Senate presides). The person is not convicted until the Senate con curs by two thirds of the members present. In our history, the House has voted im peachment 12 times. The Senate has con victed four times. The four convicted were all judges, three of U. S. District Courts, and the fourth judge of the U. S. Commerce Court, a special court. Of the other cases, the first, involving Sen. Blount of Tennessee, established that impeachment applied only to civil members of the executive branch and not to senators and representatives. This case effectively inteprets the phrase “civil officers” in the constitutional provision: “The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for and conviction of trea son, bribery, or other high crimes and mis demeanors.” If impeached, the person may be tried later for any crimes uncovered. relevant today. One is the 1868 impeach ment of Andrew Johnson, who escaped con viction in the Senate by one vote. Unques tionably, Johnson was not guilty of either treason or bribery. The House relied on the phrase “high crimes and misdemeanor,” for which there is no clear definition, out of legal precedent, history, or anything else. The effort to impeach Johnson can only be described as almost entirely over politi cal power, not legal “crimes.” That is the Radical Republicans in the House and Senate wanted him out of the way so they could enforce a harsh peace on the South, which Johnson opposed. This case only establishes that the President (or any other member of the executive branch) can be impeached on reasonable or unreasonable grounds. The related question is: can the Presi dent or the Vice President be reached through ordinary court procedures (for the tapes, for example) or only through im peachment? The Constitution is totally si lent in formal language on this question. The only case in point has to do with the treason trial of Aaron Burr in 1807, at which Chief Justice John Marshall presided. The seventh case, that of Grant’s Secre tary of War William Belknap, established that a civil officer who had resigned and was not in office could not be convicted via impeachment. Only two other impeachment efforts are In this case Marshall issued a subpoena on President Thomas Jefferson ordering him to appear in court (Richmond, Va.) with some relevant documents. While Jefferson refused, Marshall also relented and said it would be enough if he sent the papers. The Tektronix programmable calculator! At $2,850, it’s a natural! Jefferson sent some, but not all of tl arguing that he did not have to do Jefferson argued, as does Nixon, that if President is to function he must be from harrassment via ordinary court cesses. They have a point. But, is President or the Vice President totally reachable by the courts while in office! Biie daj' • - ■ i 4c pe r word Minimi] Class $1.00 p eac Di 4 p.m. day Here the only precedent again invok done ’ - fast, after 6 :i „tes and dissei Burr, this time when he was Vice Pr£4483. dent (1801-1805). Vice President Burrs Alexander Hamilton in a duel died the next day. Burr fled South and* indicted for murder in both New Jer (site of the duel) and in New York (wl* both he and Hamilton resided). At no; so far as I can find out, were the ir ments challenged in the courts, by or anyone else. But the best is yet to come! Burr returned to Washington, wasj ceived well by Jefferson and took his; as presiding officer of the Senate. Betwi| Feb. 4 and March 1, 1805, Burr preside! with great dignity and effectiveness, ill said—over the Senate impeachment trial! the only Associate Justice of the SuprtJ Court to be so tried, Samuel Chase, wh acquitted. The Vice President, still indictment, then retired from the Vice PrfI To the student you need dency with the unanimous thanks of cKuint Furnitu Senate for his services. The indictmf-ff^ y t a ", d j r iL Bt were never pushed, and Burr was tried k» 1 " b , UJ fv , I ' r . ee f . . . , , ... .Meied if dcsirt for treason, of which he was acquitted. Te ^ Ave., co _n . . . . . Brth Texas Av The situation today is murky indeed lint commissioi sofar as precise constitutional verbiage im^/^fore °yc judicial or other precedents are concenM 6 c °- What will happen in the present cases'p , am not a lawyer and I do not know. Btfl will argue that the founding fathers (a there is some evidence of their views) i not intend either the Vice President oii President (except in the most unusual uations,) to be exempt from the normalpr cesses of law. This seems to me to be : principal issue now before the courts inli present cases involving President Nixoat: Vice President Agnew. Dr. Van Riper has been professor a head of the A&M Political Science Ds| since 1970 after teaching at Northwest!: and Cornell Universities. He holds hisE from DePauw University and Ph.D. fra the University of Chicago. Redmond Pho 1402 1 College Presc Charge / Fr AUTO FOl Call: Farmers 3400 S. Col SOS tv & r Zenith - < All Make 713 S. M SOUTH( AP. Family size closet space, efrigerated a Complete laui ALL One, two, thi ments from now. Marrie< (off oii If you know the math language, you’re ready to program our Model 31. No computer language is needed .. . that’s how natural it is! It lets you write the way you think. 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