Impeachment: The Constitutional ProblemsThe little understood yet volcanic power of impeachment lodged in the Congress is dissected through history by the nation's leading legal scholar on the subject. Raoul Berger offers authoritative insight into "high crimes and misdemeanors." He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside of office, and on whether impeachment must precede indictment. In an addition to the book, Berger finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St. Clair. |
Contents
Introduction | 1 |
The Parliamentary Power to Declare | 7 |
High Crimes and Misdemeanors | 56 |
Judicial Review | 108 |
Exclusivity of Impeachment and Judicial | 127 |
InsanityDisabilitySenility | 189 |
Is Removal Limited to Misconduct in Office? | 202 |
Exemption of Legislators from Impeachment | 224 |
The Impeachment of Justice Samuel Chase | 234 |
The Impeachment of President Andrew Johnson | 263 |
Conclusion | 310 |
Appendix A Theodore Dwights Indictability | 353 |
Early English Bribery Statutes | 359 |
| 377 | |
| 397 | |
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Common terms and phrases
accompanying n Andrew Johnson appointed argument Article behavior Berger bill of attainder Blackstone Bork bribery Brock Chapter charges Charles Chase Chief Justice civil officers Clair Coke common law conduct Cong Congress Constitution conviction counsel crimes and misde crimes and misdemeanors criminal declared duty Earl Elias Boudinot Elliot England English Executive Farrand Federal Judges Federalist forfeiture Founders Framers Hamilton Hatsell high crimes high misdemeanors high treason Holdsworth House Howell Ibid impeachable offenses impeachment indictment infra Iredell James Iredell Jefferson John judgment judicial judiciary juror jury King legislative limited Lords Madison McKitrick meaning ment ministers misbehavior misconduct opinion Parlia Parliament parliamentary peachment political President proceeding prosecution punishment Quoted Ratification Convention removal of judges salvo scire facias Senate separation of powers Sixth Amendment statute Strafford supra Supreme Court tenure term text accompanying text accompanying nn tion trial United vote Wharton William words York