American Constitutionalism in Historical Perspective (packet)

Impeachment Grounds: not clear if high crimes and misdemeanors requires criminal acts.

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   Interpretive history: rely on to det how impeachment should be used since judicial history is wanting. Most impeachments are of fed judges who have life tenure and are on lesser grounds (grotesque incompetence, drunkenness, d/n req. criminal wrong) narrow reading of precedent.
   

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   Britain: impeach generally when there is malfeasance and corruption in office-it was not tied only to criminal wrongs.
   
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   Constitutional Convention: Although presidency is only a 4 year term, they insist on impeachment being available b/c presidency is sole office w/ no collective element. Aware that Presidents have neuroses and personal probs and have enormous power. p. 229 Brest-Madison
   
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   Madison’s proposal: rejects maladministration as grounds that are too broad for impeachment. Adopts Treason, Bribery, or other High Crimes and Misdemeanors which tracks British constitutional history, and gets integrated into the Constitution.
   
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   Nixon: impeachment req. a very serious criminal wrong connected to the abuse of authority otherwise becomes a vote of no confidence. (St. Clair). Became moot point when evidence of criminal wrongdoing surfaced and Nixon resigned. Prior to this evidence, British const. history w’ve supported impeachment b/c abuse of power and encroachment on legislative powers.
   
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   Clinton: not clear if his crimes rise to the level, most serious was civil perjury. Are some criminal wrongs not an appropriate ground for impeachment?
   
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      Founders believed in strict public/private distinction, that is breaking down now, some private behaviors may rise to the level.
      
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      May be able to argue that lying result of politically motivated aggressive prosecution attempting to nullify result of election.
      

4) What does impeachment trial require: S. Ct. said it was a political question, if house and senate chose to use committee for fact-finding the court will not comment.

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