POL 280 - Impeaching the President Exam 2

Only public officials

Only public officials

Who is impeachable?

England

Where are private citizens impeachable for political crimes?

Edmund Randolph, James Madison, George Mason, William Paterson, Hugh Williamson, James Wilson, Benjamin Franklin, Eldbridge Gerry, Rufus King, Gouverneur Morris, Alexender Hamilton, and Charles Pinckney

Who were several founders of impeachment?

Proper forum for impeachment trials

Five Major Debates 1

Appropriate means for judicial removal

Five Major Debates 2

Impeachability of the president

Five Major Debates 3

Proper grounds for impeachment and scope of impeachable offenses

Five Major Debates 4

Number of votes required for conviction and removal

Five Major Debates 5

Federalist no 65

• Agreed with Senate for impeachment trials

  • Unique procedural demands for the trial

Federalist no 69

• Argued for order of impeachment, then liable to prosecution if removed

• Considered impeachment a prerequisite for prosecution

• Desired to elect presidents for life

Federalist no 79

• Judicial behavior and lifetime tenure

• Served “during good behavior” for life - protected judicial independence

• Considered old age not grounds for removal

Federalist no 81

• Impeachment threat would “check judicial encroachments on legislative authority”

• Division of impeachment labor between House and Senate check against legislative encroachment

Virginia Plan

“Should give the power of impeachment to the national judiciary”

New Jersey Plan

“Hear and determine in the first instance on all impeachment of federal officers”

Perkins

A structural feature of impeachment is divided government

Ben Franklin Quote

Impeachment is essentially political assassination

assassination or revolt

In Perkins, impeachment is preferable to

no!

Does impeachment have meaning in law?

Andrew Jackson Impeachment

• Vetoed US Bank continuance bill

• Senate acquitted by 1 vote

John Tyler Impeachment

• Democrat in Whig clothing

• Vetoed Tariff bill

• Impeachment resolution defeated in the House

James Buchanan Impeachment

• Resolution to investigate in Judiciary passed

• Committee failed to support impeachment resolution

Andrew Johnson Impeachment

• Refused to abide by Tenure of Office Act

• Dismissed War Secretary Edwin Stanton

Herbert Hoover Impeachment

• Resolution introduced and tabled

• Brought by own party (GOP)

Richard Nixon Impeachment

• Watergate

• Resignation

Bill Clinton Impeachment

• Monica Lewinsky scandal

• Acquitted

Donald Trump Impeachment

• Ukraine scandal (info on Biden)

• January 6th

Institutional Struggle

According to Perkins, Impeachment charges are based on

Perkins Impeachment Confluence

1. Electoral shifts in partisanship

2. Personal animosity

3. Policy differences

4. Serious threats reserved for divided government

Tulis Legal View

• Mirrors grand jury and criminal trial

• Committee investigation with lawyers

Tulis Political View

• Language around the process

• Ordinary actions by citizens may be impeachable for POTUS

Mitch McConnel quote

“i’m not impartial”

Days talked about impeachment seriously/Days congress is in session

What is the equation for rating intensity of impeachment threats?