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9780691032955

The Federal Impeachment Process

by
  • ISBN13:

    9780691032955

  • ISBN10:

    0691032955

  • Format: Hardcover
  • Copyright: 1996-02-01
  • Publisher: Princeton Univ Pr
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List Price: $47.50

Summary

This is the first comprehensive analysis of the theory and practice of impeachment since the Watergate era. Litigation in the intervening period over the Senate's removal of three judges (most recently in connection with Walter Nixon v. United States) has raised doubts about Congress's interest in and capacity for conducting efficient, fair impeachment proceedings as well as about whether congressional judgments regarding the impeachability of federal judges are shielded from review by the other branches. Michael Gerhardt argues that impeachment is a far more effective process than commonly supposed and that it constitutes a special nonreviewable power confined solely to Congress for punishing certain executive and judicial misconduct.Without ignoring the implications of such a view for future rulings in separation of powers disputes, the author seeks primarily to establish impeachment's uniqueness by conveying a sense of its constitutional, historical, and political dimensions. In particular, he provides in Part I a comprehensive historical analysis of the impeachment process. In Part II he traces the practical problems and most troubling administrative difficulties in actual impeachment proceedings conducted by the House of Representatives and the Senate. Part III resolves the most significant constitutional issues recurring in the federal impeachment process, and Part IV examines proposed constitutional amendments and statutory proposals for reforming the federal impeachment process.

Table of Contents

Introduction ix
Acknowledgments xv
PART I: THE HISTORICAL ORIGINS OF THE FEDERAL IMPEACHMENT PROCESS 1(22)
The Impeachment Debates in the Constitutional Convention
3(9)
The Impeachment Debates in the Ratifying Conventions
12(11)
PART II: TRENDS AND PROBLEMS IN IMPEACHMENT PROCEEDINGS 23(50)
Impeachment Proceedings in the House Of Representatives
25(8)
The Senate's Role in the Federal Impeachment Process
33(14)
Impeachment Issues Involving Congress and the Other Branches
47(17)
Making Sense of the Federal Impeachment Process
64(9)
PART III: CLARIFYING THE CONSTITUTIONAL ASPECTS OF THE FEDERAL IMPEACHMENT PROCESS 73(74)
The Scope of Impeachable Officials and Applicable Punishments
75(7)
Impeachment as the Sole Means of Disciplining and Removing Impeachable Officials
82(21)
The Scope of Impeachable Offenses
103(9)
The Proper Procedure for Impeachment Proceedings
112(6)
Judicial Review of Impeachments
118(29)
PART IV: IMPEACHMENT REFORMS 147(26)
Proposed Procedural Reforms for Judicial Impeachments
149(10)
Proposed Statutory Changes and Constitutional Amendments to the Impeachment Process
159(14)
Postscript The Future of the Impeachment Process 173(6)
Notes 179(38)
Bibliography 217(12)
Index 229

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