To impeach or not to impeach, that is the question. There is ample evidence that Bush and Cheney committed what the Constitution terms “high crimes and misdemeanors” as they capitalized on the terrorist attack of September 11, 2001 to expand the power of the executive, violate civil liberties, promote a culture of fear, and instigate an unjust war. From 2001 to 2006, they had the acquiescence of a compliant Republican Congress, but since the election of November, 2006, there can be no legal justification for Bush and Cheney continuing to expand their power beyond what the Constitution mandates.

This places us in a Constitutional crisis which is the most important issue of the day—more important than the war in Iraq, civil liberties, global warming, access to health care and the other burning problems facing us. Impeachment is an appropriate solution to such a crisis. However, while impeachment (that is, indictment) in the House of Representatives, requiring only a majority vote, is well within the realm of the possible, conviction by the Senate requires a two-thirds vote, and is less likely. The question then becomes whether the impeachment process is worth going through?

Impeachment invokes on first thought the absurd circus surrounding Bill Clinton, and it is natural to fear another circus. However, a better reference point is the impeachment process of Richard Nixon. That was anything but a circus, and when the process brought the full weight of evidence against Nixon to public awareness, his resignation was forced. Republicans will claim that impeaching Bush and Cheney is just revenge for Clinton case, but this won’t work if the impeachment process takes the high road of sticking to the factual evidence instead of name-calling and posturing. The reason for impeachment is not to punish the wicked, but to repair the harm that has been done, and by being clear on this message, we can avoid being ensnared in the Republican mantra that being outraged by the administration’s conduct is merely knee-jerk Bush-hatred.

Yes, impeachment is an extreme measure, but these are extreme times. The process of impeachment will present the evidence of wrongdoing in the open court of the floor of the House of Representatives. As John Milton put it in opposing an earlier oppressive administration, "Who ever knew Truth put to the worse, in a free and open encounter?" The evidence cannot be suppressed by the invocation of executive privilege. Imagine, if you will, the president attempting to block evidence of his abuse of executive privilege on the grounds of executive privilege. That becomes a “smoking gun” in its own right.

But most importantly, impeachment forces members of Congress to take a public stance that can and should be used in the 2008 election campaigns. The spotlight of impeachment will shine on the Representatives and Senators who vote in the face of overwhelming evidence against impeachment or conviction. They will be legitimately and effectively exposed as putting party before country, and suffer the consequences at the polling place.