Comparative Constitutional Law

Comparative Constitutional Law PDF

Author: Tom Ginsburg

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 681

ISBN-13: 0857931210

DOWNLOAD EBOOK →

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

The Federal Impeachment Process

The Federal Impeachment Process PDF

Author: Michael J. Gerhardt

Publisher: University of Chicago Press

Published: 2019-04-12

Total Pages: 312

ISBN-13: 022655483X

DOWNLOAD EBOOK →

As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today’s highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes—serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official’s misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the “Emoluments Clause” means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.

Impeachment

Impeachment PDF

Author: Charles L. Black, Jr.

Publisher: Yale University Press

Published: 1998-10-07

Total Pages: 100

ISBN-13: 0300173342

DOWNLOAD EBOOK →

" In a classic guide to presidential impeachment, Charles L. Black clarifies the issues and questions that surround this controversial subject. With a new foreword by constitutional expert Akhil Reed Amar, this authoritative book is essential reading for every concerned citizen. "The best essay written on the subject."—Jeffrey Rosen, New Republic "[Black's] timely volume clearly and lucidly covers everything from what constitutes "high crimes and misdemeanors" to the scope of Executive privilege. . . . The measure of his book's achievement is that it tells the reader not what to think but what to think about."—Time "A citizen's guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive."—Mary Ann Gale, New York Times Book Review "Black's survey is a dispassionate, invaluable beam of light. . . . This everyman's guide to impeachment outlines the process leading to the removal of a President by Congress, places it in historical perspective, [and] discusses the conundrums that spring from it. . . . It provides a major contribution to sanity in our government."—Newsweek "A model of how so serious an act of state should be approached."—Wall Street Journal "

The Federal Impeachment Process

The Federal Impeachment Process PDF

Author: Michael J. Gerhardt

Publisher: University of Chicago Press

Published: 2000

Total Pages: 271

ISBN-13: 9780226289564

DOWNLOAD EBOOK →

Throughout President Clinton's impeachment proceedings, the contending sides agreed on very little. One exception was The Federal Impeachment Process—the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. In this edition, Michael Gerhardt draws on his experience as a commentator and expert witness to examine the likely political and constitutional consequences of President Clinton's impeachment and trial. Placing the President's acquittal in historical perspective, he argues that it fits easily within the impeachment process as it has evolved over the past two centuries. Impeachment, he shows, is an inherently political process designed to expose and remedy political crimes. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. Significantly updated, this book will be the standard work on the federal impeachment process for years to come. On the first edition: "The most comprehensive, analytic study of the federal impeachment process to date."—Choice "This book is by some margin the most successful . . . analysis of impeachment issues to have been written, and it will be the standard work for years to come."—Constitutional Commentary

Constitutional Grounds for Presidential Impeachment

Constitutional Grounds for Presidential Impeachment PDF

Author: U. S. House Committee

Publisher:

Published: 2019-12-08

Total Pages: 55

ISBN-13: 9781673029529

DOWNLOAD EBOOK →

Is it the END TIMES for the TRUMP-ERA?This is what you've been waiting for.NOW YOU CAN OWN A PIECE OF AMERICAN HISTORY.CONSTITUTIONAL GROUNDS FOR PRESIDENTIAL IMPEACHMENT-REPORT BY THE MAJORITY STAFF OF THE HOUSE COMMITTEE ON THE JUDICIARY-COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVESONE HUNDRED AND SIXTEENTH CONGRESSFIRST SESSIONThe House Judiciary Committee issued a historic report laying the groundwork to impeach President Donald Trump! They've outlined--in Constitutional terms--what the panel believes amounts to an IMPEACHABLE OFFENSE! Chairman Jerrold Nadler described the analysis as the heir to the only similar report produced by the Judiciary Committee--the one created during the impeachment proceedings against RICHARD NIXON. (That document was merely updated during the Bill Clinton impeachment--not truly rewritten.)"The earlier reports remain useful points of reference, but no longer reflect the best available learning on questions relating to presidential impeachment. Further, they do not address several issues of constitutional law with particular relevance to the ongoing impeachment inquiry respecting President Donald J. Trump." - Jerrold Nadler, ChairmanIt's worth noting that this report was written entirely by DEMOCRATIC staff, unlike the Nixon-era iteration, which had some degree of bi-partisanhip. The Judiciary Committee's document draws on the historical effort by lawmakers to analyze and understand impeachment, that is, as the framers of the CONSTITUTION intended it. The committee's document is FILLED with citations of the FEDERALIST PAPERS, the Constitution and the debates at the Constitutional Convention. It also cites the famous Frost-Nixon interviews, modern case law and comments by Richard Nixon and Bill Clinton in the context of their own impeachment processes. Judiciary Report Highlights:"No President is entitled to persist in office after committing 'high Crimes and Misdemeanors,'" the report reads, "and no one who voted for him in the last election is entitled to expect he will do so.""A President who perverts his role as chief diplomat to serve private rather than public ends has unquestionably engaged in 'high Crimes and Misdemeanors' -- especially if he invited, rather than opposed, foreign interference in our politics.""The President is entitled to present a full defense, at trial in the Senate. It is thus in the Senate, and not in the House, where the President might properly raise certain protections associated with trials." "There is no power in the Constitution that a President can exercise immune from legal consequence. The existence of any such unchecked and uncheckable authority in the federal government would offend the bedrock principle that nobody is above the law. [T]he exact forms of Presidential wrongdoing that they discussed in Philadelphia could be committed through use of executive powers, and it is unthinkable that the Framers left the Nation defenseless in such cases."NOW YOU CAN OWN A PIECE OF AMERICAN HISTORY!