Our Opinion: Complaints not grounds for impeachment

Three Missouri House Republicans want to impeach Democratic Gov. Jay Nixon.

Each has filed an article of impeachment now before the House Judiciary Committee, also chaired by a Republican, Rep. Stanley Cox of Sedalia.

According to the Missouri Constitution Article VII, Section 1: "All elective executive officials of the state ... shall be liable to impeachment for crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude or oppression in office."

That covers a lot of ground, but the critical issue is whether the articles cite impeachable actions by the governor. The complaints are:

• Rep. Nick Marshall of Parkville contends Nixon engaged in misconduct when he issued an executive order instructing the Department of Revenue to allow same sex couples to be treated as married for tax purposes. The state tax code is linked to the federal government, but Missouri's Constitution does not recognize same-sex marriage.

• Rep. Rick Brattin of Harrisonville says Nixon violated the Constitution when he failed to fire or discipline executive branch staff members involved in a dispute concerning driver's license applications and concealed weapons permits.

• Rep. Mike Moon of Ash Grove filed an article of impeachment, claiming the governor did not act quickly enough to set special elections to fill legislative vacancies.

The three complaints all raise legitimate arguments, but they are arguments confined to administration, policy and politics.

An argument can be made that politics played a role in Nixon's election-setting lethargy. Similarly, criticism can be leveled at a gubernatorial decision favoring the federal tax code over state constitutional provisions.

As Missouri's chief executive, however, the governor makes countless administrative decisions, including decisions on hiring, firing and appointing. Governors also exercise a degree of latitude and discretion in arriving at decisions.

The Republican criticisms are not without merit and deserve to be voiced.

But none of the complaints rises to an impeachable offense. It's time to move on.

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