The Federal Impeachment Process

The Federal Impeachment Process PDF

Author: Michael J. Gerhardt

Publisher: University of Chicago Press

Published: 2000-06-15

Total Pages: 284

ISBN-13: 9780226289571

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Michael Gerhard examines 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 is consistent with the process as it has evolved over the last two centuries.

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

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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.

Comparative Constitutional Law

Comparative Constitutional Law PDF

Author: Tom Ginsburg

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 681

ISBN-13: 0857931210

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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.

Crimes, Follies, and Misfortunes

Crimes, Follies, and Misfortunes PDF

Author: Eleanore Bushnell

Publisher:

Published: 1992

Total Pages: 400

ISBN-13:

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Of the fourteen American political figures tried from 1799 through 1989, five committed acts for which they were, or could have been, convicted (crimes). Five were found unfit because of impropriety, inability, or unwillingness to perform their duties (follies). The remaining four were targets of political or business interests arrayed against them (misfortunes). Seven of the fourteen -- all judges -- were convicted. An impeachment trial must prove abuse of office or inability to perform official duties, not political intransigence or unwary speechmaking, states Eleanore Bushnell. Meticulous scholarship and elegant prose mark Bushnell's investigation, which details the accusations against each official brought to trial and links each proceeding to biographical information and facts including the political composition of Congress, an article-by-article indictment and refutation of charges, and final summations for each side. Bushnell views the constitutionally mandated impeachment process as an important means of overseeing officials with lifelong tenure. And, noting that eleven of the impeached officers were judges, she observes that criminality has not been a conspicuous cause of judicial misconduct. More common problems have included alcoholism, absenteeism, senility, and violations of ethical canons.

Impeachment

Impeachment PDF

Author: Michael J. Gerhardt

Publisher: Oxford University Press

Published: 2018

Total Pages: 273

ISBN-13: 019090366X

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Impeachment: What Everyone Needs to Know(R) is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.

The Impeachment Process

The Impeachment Process PDF

Author: John Murphy

Publisher: Infobase Publishing

Published: 2007

Total Pages: 105

ISBN-13: 1438107536

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The impeachment process is one of the most serious government proceedings in the United States. This guide dispels the most common myths about the process while setting forth a definition of what it means for a president to be impeached. It includes full-color photographs, sidebars, a glossary, suggestions for further reading, and an index.

High Crimes and Misdemeanors

High Crimes and Misdemeanors PDF

Author: Frank O. Bowman III

Publisher: Cambridge University Press

Published: 2023-10-31

Total Pages: 637

ISBN-13: 1009401017

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This book combines historical and constitutional analysis of impeachment in the UK and US with a lively new account of both Trump impeachments by a leading scholar whose writings and advice were influential in both cases. This second edition is the only comprehensive, up-to-date history of Anglo-American impeachment.