Impeachment: what everyone needs to know
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| Main Author: | |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
New York
Oxford University Press
[2018]
|
| Series: | What Everyone Needs to Know
|
| Subjects: | |
| Online Access: | Inhaltsverzeichnis |
| Item Description: | Includes bibliographical references and index |
| Physical Description: | 272 Seiten |
| ISBN: | 9780190903657 9780190903664 |
Staff View
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Record in the Search Index
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|---|---|
| adam_text | CONTENTS
ACKNOWLEDGMENTS XV
INTRODUCTION 1
1. THE BASIC TERMS 6
WHAT DOES THE TERM IMPEACHMENT MEAN? 6
WHAT DOES THE CONSTITUTION EXPLICITLY SAY ABOUT THE IMPEACHMENT PROCESS?
7
WHAT DOES THE CONSTITUTION IMPLICITLY SAY ABOUT IMPEACHMENT? 8
WHAT ARE THE EMOLUMENTS CLAUSES? 10
WHAT ARE THE ORIGINS OF IMPEACHMENT? 11
WHAT WERE THE SPECIFIC CONTROVERSIES REGARDING OFFICIAL MISCONDUCT THAT
THE
CONSTITUTIONAL CONVENTION ADDRESSED? 12
WHAT WERE THE PLANS THAT THE FRAMERS DEBATED BEFORE SETTLING ON THE
VERSION
OF THE IMPEACHMENT PROCESS SET FORTH IN THE CONSTITUTION? 13
WHAT HAPPENED NEXT? 14
WHAT DO THE BASIC TERMS IN THE IMPEACHMENT CLAUSES MEAN? 18
IS IMPEACHMENT A LEGAL OR POLITICAL ISSUE? 20
HOW USEFUL IS IMPEACHMENT? 22
IS IMPEACHMENT THE ONLY MECHANISM FOR ADDRESSING THE SERIOUS MISCONDUCT
OF THE PRESIDENT, THE VICE PRESIDENT, AND OTHER OFFICIALS SUBJECT TO
IMPEACHMENT? 22
VIII CONTENTS
2. THE HISTORY OF THE FEDERAL IMPEACHMENT PROCESS 24
HOW MANY PEOPLE HAVE BEEN IMPEACHED, AND WHY? 24
HOW MANY OF THE NINETEEN PEOPLE WHOM THE HOUSE IMPEACHED DID THE
SENATE CONVICT AND REMOVE FROM OFFICE? 25
HOW MANY TIMES HAS THE SENATE IMPOSED THE SANCTION OF DISQUALIFICATION?
26
WHAT EXACTLY IS DISQUALIFICATION? 26
HOW MANY OFFICIALS HAS THE SENATE ACQUITTED OR FOUND NOT GUILTY AND
THEREFORE NOT CONVICTED AND REMOVED FROM OFFICE? 26
HOW MANY OFFICIALS WERE IMPEACHED BUT AVOIDED CONVICTION AND REMOVAL
BECAUSE THEY RESIGNED FROM OFFICE BEFORE THEIR IMPEACHMENT TRIALS
COMMENCED? 26
WERE THERE ANY OTHER OFFICIALS WHO WERE IMPEACHED BUT SOMEHOW
AVOIDED HAVING THE SENATE HOLD AN IMPEACHMENT TRIAL OR CONVICT THEM FOR
IMPEACHABLE MISCONDUCT? 28
WAS ANDREW JOHNSON THE FIRST PRESIDENT TO BE THREATENED WITH
IMPEACHMENT? 29
HOW MANY PRESIDENTS HAVE BEEN IMPEACHED? 31
WHY WAS ANDREW JOHNSON IMPEACHED? 31
WHY DIDN T THE SENATE CONVICT ANDREW JOHNSON AND REMOVE HIM FROM
OFFICE? 32
WOULD RICHARD NIXON HAVE BEEN IMPEACHED HAD HE NOT RESIGNED? 34
WHY WAS BILL CLINTON IMPEACHED? 34
WHY DID THE SENATE NOT CONVICT PRESIDENT CLINTON? 36
WHY WASN T GEORGE W. BUSH IMPEACHED? 38
WHY WASN T BARACK OBAMA IMPEACHED? 39
3. WHICH FEDERAL OFFICIALS ARE IMPEACHABLE 41
WHO IS SUBJECT TO IMPEACHMENT? 41
ARE MEMBERS OF CONGRESS SUBJECT TO IMPEACHMENT? 42
FOR PURPOSES OF IMPEACHMENT, TO WHOM DOES THE PHRASE ALL CIVIL OFFICERS
OF
THE UNITED STATES REFER? 43
IF THERE IS NOT UNIVERSAL CONSENSUS ON THE MEANING OF ALL CIVIL
OFFICERS OF THE
UNITED STATES, WHO DISAGREES WITH THAT INTERPRETATION OF THE
CONSTITUTION
AND WHY? 45
SO, WHO IS RIGHT ABOUT THE MEANING OF ALL CIVIL OFFICERS OF THE UNITED
STATES ? 47
CONTENTS IX
ARE ARTICLE 111 JUDGES SUBJECT TO IMPEACHMENT? 52
TO WHAT EXTENT ARE OFFICIALS SUBJECT TO IMPEACHMENT FOR MISCONDUCT
BEFORE
THEIR ELECTION OR APPOINTMENT TO IMPEACHABLE OFFICES? 55
TO WHAT EXTENT ARE OFFICIALS SUBJECT TO IMPEACHMENT FOR MISCONDUCT AFTER
THEY HAVE LEFT OFFICE? 57
4. DEFINING IMPEACHABLE OFFENSES 59
WHAT DO THE STUDY OF THE ORIGINS OF THE CONSTITUTION AND OUR EXPERIENCES
WITH IMPEACHMENT TEACH US ABOUT THE MEANING OF THE TERMS OTHER HIGH
CRIMES OR MISDEMEANORS ? 59
IN IMPEACHMENT PROCEEDINGS, HOW HAVE THE MEMBERS OF CONGRESS
UNDERSTOOD THE MEANING OF OTHER HIGH CRIMES AND MISDEMEANORS ? 62
IS THE CONGRESS BOUND BY ITS PRIOR PRACTICES OR COULD IT DEVIATE FROM,
OR EVEN
ABANDON, THOSE PRACTICES IN THE FUTURE? 64
MUST AN IMPEACHABLE OFFENSE HAVE A CONNECTION TO AN OFFICIAL S OFFICE OR
DUTIES? 65
MAY SOMEONE BE IMPEACHED FOR GROSS INCOMPETENCE? 67
SO, HOW ARE WE SUPPOSED TO DETERMINE WHAT QUALIFIES AS SERIOUS
OFFENSES
AGAINST THE REPUBLIC OR BREACHES OF THE PUBLIC TRUST? 69
WHAT IS AN EXAMPLE OF AN ABUSE OF POWER THAT IS IMPEACHABLE? 70
WHO IS JOE ISENBERG, AND WHY DO HIS WRITINGS COME UP IN SOME DISCUSSIONS
OF THE SCOPE OF IMPEACHABLE OFFENSES? 70
5. EXPLAINING THE PROCEDURES IN IMPEACHMENT 73
HOW DOES AN IMPEACHMENT BEGIN? 73
WHAT IS THE HOUSE S ROLE? 74
DOES THE HOUSE HAVE A CONSTITUTIONAL OBLIGATION TO DO ANY FACT-FINDING?
76
WHAT IS THE SENATE S ROLE IN THE IMPEACHMENT PROCESS? 78
WHAT DOES IT MEAN FOR THE SENATE TO HAVE THE POWER TO TRY AN
IMPEACHMENT? MUST IT HOLD AN ACTUAL TRIAL FOR THE IMPEACHED OFFICIAL?
79
IS IT POSSIBLE TO APPEAL AN IMPEACHMENT CONVICTION TO THE SUPREME COURT?
83
WHAT ROLE DOES THE CHIEF JUSTICE OF THE UNITED STATES HAVE IN THE
IMPEACHMENT PROCESS? 85
WHAT IF THE CHIEF JUSTICE HIMSELF IS THE SUBJECT OF AN IMPEACHMENT
PROCESS? 86
X CONTENTS
WHO PRESIDES OVER A VICE PRESIDENT S IMPEACHMENT TRIAL, GIVEN THAT THE
CONSTITUTION MAKES THE VICE PRESIDENT THE PRESIDING OFFICER OF THE
SENATE? 87
WHAT DIFFERENCE, IF ANY, DOES THE FIFTH AMENDMENT MAKE TO IMPEACHMENT
PROCEEDINGS? 87
IS THERE A BURDEN OF PROOF REQUIRED IN IMPEACHMENT PROCEEDINGS? 90
ARE ANY RULES OF EVIDENCE REQUIRED IN IMPEACHMENT PROCEEDINGS? 91
DOES DOUBLE JEOPARDY APPLY TO AN IMPEACHMENT? 91
MAY AN IMPEACHMENT COME BEFORE CIVIL OR CRIMINAL PROCEEDINGS? 92
HAVE ANY COURTS ADDRESSED THE QUESTION OF WHETHER IMPEACHMENT MAY
PRECEDE OR MUST FOLLOW A CRIMINAL INDICTMENT? 94
WHAT ABOUT HIGH-RANKING EXECUTIVE BRANCH OFFICIALS OTHER THAN THE
PRESIDENT? ARE THEY IMMUNE TO CRIMINAL PROSECUTION WHILE THEY ARE IN
OFFICE? 98
IS IT PERMISSIBLE FOR A SITTING PRESIDENT TO BE SUBJECT TO CIVIL
LAWSUITS FOR
DAMAGES, OR TO BE CRIMINALLY INDICTED AND PROSECUTED? OR MUST A
PRESIDENT
BE IMPEACHED AND REMOVED FROM OFFICE BEFOREHAND? 100
DOES A PRIOR CONVICTION OR JUDGMENT FROM A COURT CARRY ANY WEIGHT IN AN
IMPEACHMENT PROCEEDING? 102
DO ANY SPECIAL PRIVILEGES APPLY IN IMPEACHMENT PROCEEDINGS? 103
ARE THERE ANY OTHER PRIVILEGES THAT MIGHT APPLY IN IMPEACHMENT
PROCEEDINGS? 105
DOES THE PARDON POWER EXTEND TO IMPEACHMENT PROCEEDINGS? 106
6. EXPLAINING WHAT PUNISHMENTS THE SENATE MAY IMPOSE 107
WHAT PUNISHMENTS MAYBE IMPOSED IN AN IMPEACHMENT PROCEEDING? 107
WHAT HAPPENS WHEN THE SENATE ACQUITS SOMEONE? 107
WHAT HAPPENS WHEN SOMEONE IS CONVICTED? 108
WHAT IS DISQUALIFICATION? 109
DOES THE CONSTITUTION REQUIRE THAT THE SANCTIONS OF REMOVAL AND
DISQUALIFICATION BE IMPOSED AT THE SAME TIME, OR MAY (OR MUST) THEY BE
IMPOSED SEPARATELY? 109
HOW MANY TIMES HAS THE SENATE DISQUALIFIED AN OFFICIAL IT CONVICTED? 110
WHY IS DISQUALIFICATION RARELY IMPOSED? 111
DOES DISQUALIFICATION REQUIRE AT LEAST TWO-THIRDS APPROVAL IN THE
SENATE, AS
REMOVAL DOES, OR MAY IT BE DONE BY A MAJORITY VOTE? 111
CONTENTS XI
WHO IS ALCEE HASTINGS AND WHY IS HE RELEVANT? 112
WHAT IS CENSURE? 113
IS PRESIDENTIAL CENSURE CONSTITUTIONAL? 114
WHAT IS A BILL OF ATTAINDER? 116
IS CENSURE A BILL OF ATTAINDER? 116
IS IT PERMISSIBLE FOR THE SENATE TO ISSUE OR APPROVE FINDINGS OF FACT?
116
ARE THERE ANY OTHER SANCTIONS FALLING SHORT OF REMOVAL AND
DISQUALIFICATION
THAT CONGRESS MAY IMPOSE ON PUBLIC OFFICIALS FOR THEIR MISCONDUCT IN
OFFICE? 118
WHAT ABOUT THE BRIBERY ACT OF 1790? IS THAT RELEVANT, AND WAS IT
CONSTITUTIONAL? 119
ARE THERE ANY OTHER ALTERNATIVES TO IMPEACHMENT WORTH KNOWING ABOUT? 124
7. IMPEACHMENT IN THE STATES AND AROUND THE WORLD 125
WHAT WERE THE MODELS FOR THE FEDERAL IMPEACHMENT PROCESS? 125
HOW COMMON IS IMPEACHMENT IN THE STATES? 125
WHAT ARE SOME EXAMPLES OF THE DIFFERENT GROUNDS THAT STATES PROVIDE AS
THE
BASES FOR IMPEACHMENT? 128
DO STATES USE OTHER OR ADDITIONAL MEANS THAN IMPEACHMENT FOR ADDRESSING
THE MISCONDUCT OF PUBLIC OFFICIALS? 129
HAVE THERE BEEN ANY IMPEACHMENTS IN STATES THAT ARE OF PARTICULAR
SIGNIFICANCE? 130
HAVE THERE BEEN ANY NOTABLE IMPEACHMENT ATTEMPTS IN THE STATES THAT
FAILED? 132
WHAT ARE SOME NOTABLE INSTANCES OF STATES USING MECHANISMS OTHER THAN
IMPEACHMENT TO ADDRESS OFFICIALS MISCONDUCT? 135
HOW POPULAR IS THE IMPEACHMENT PROCESS AROUND THE WORLD? 140
WHAT WORLD LEADERS OUTSIDE OF THE UNITED STATES HAVE BEEN IMPEACHED IN
RECENT HISTORY? 141
HAVE THERE BEEN NOTABLE FAILED IMPEACHMENT ATTEMPTS OUTSIDE OF THE
UNITED
STATES IN RECENT HISTORY? 143
8. WILL DONALD TRUMP BE IMPEACHED? 145
WILL DONALD TRUMP BE IMPEACHED? 145
WHAT ARE THE MOST SERIOUS CHARGES MADE AGAINST THE PRESIDENT? 146
XII CONTENTS
HOW MANY LAWSUITS WERE FILED AGAINST DONALD TRUMP PRIOR TO HIS ELECTION
AS
PRESIDENT? 148
WHAT IS THE RELEVANCE OF ANY OF THE LAWSUITS PENDING AGAINST THE
PRESIDENT
AT THE TIME OF HIS INAUGURATION OR FILED AGAINST HIM SINCE THEN? 149
WHICH CONSTITUTIONAL CLAUSES PERTAINING TO EMOLUMENTS MIGHT HAVE
RELEVANCE TO THE QUESTION WHETHER PRESIDENT TRUMP HAS POSSIBLY COMMITTED
ANY IMPEACHABLE OFFENSE? 150
WOULD VIOLATING EITHER THE FOREIGN EMOLUMENTS OR THE COMPENSATION CLAUSE
BE AN IMPEACHABLE OFFENSE? 151
WHAT IF THE PAYMENT, GIFT, OR BENEFIT GIVEN TO THE PRESIDENT CAME FROM A
SOURCE OTHER THAN A FOREIGN POWER? 153
IS IT A PROBLEM THAT THE PRESIDENT HAS NEVER DISCLOSED HIS TAX RETURNS
OR THE
SOURCES OF HIS INCOME AND THE DEGREE OF HIS INDEBTEDNESS? 155
HOW DO WE KNOW WHERE TO DRAW THE LINE ON WHAT IS IMPEACHABLE OR WHAT IS
NOT WHEN IT COMES TO A PRESIDENT S RECEIPT OF FOREIGN OR OTHER FINANCIAL
GIFTS? 157
WHAT ABOUT HILLARY CLINTON S EMAILS? DIDN T SHE BREAK THE LAW, AND
SHOULD
SHE FACE CRIMINAL LIABILITY AND PERHAPS IMPEACHMENT BECAUSE OF HER
MISCONDUCT? 157
PRESIDENT TRUMP S LAWYER HAS SAID THAT THE PRESIDENT IS IMMUNE IN THE
CIVIL
CASES THAT HAVE BEEN FILED AGAINST HIM. IS THE PRESIDENT S LAWYER RIGHT?
159
WHAT IS COLLUSION? 160
WHY DO PEOPLE KEEP TALKING ABOUT COLLUSION IF THE TERM HAS NO MEANING
IN
THE LAW? 160
WHO IS ROBERT MUELLER, AND WHAT IS HIS ROLE IN INVESTIGATING PRESIDENT
TRUMP? 160
IF MUELLER IS NOT LOOKING AT COLLUSION, WHAT EXACTLY IS HE
INVESTIGATING? 161
WHO IS JAMES COMEY, AND WHY IS HE RELEVANT TO MUELLER S INVESTIGATION?
161
ARE ANY OF THE THINGS MUELLER IS INVESTIGATING IMPEACHABLE OFFENSES? 163
DOES THE PRESIDENT HAVE THE POWER TO FIRE THE SPECIAL COUNSEL, ROBERT
MUELLER? 164
RICHARD NIXON FIRED THE SPECIAL PROSECUTOR WHO WAS INVESTIGATING
WATERGATE, ARCHIBALD COX. WHY WASN T HE IMPEACHED FOR THAT? 165
IS FIRING THE SPECIAL COUNSEL AN IMPEACHABLE OFFENSE? 166
PRESIDENT TRUMP S LAWYER HAS SAID THE PRESIDENT CANNOT OBSTRUCT JUSTICE.
IS
HE RIGHT? 168
WHY IS SEXUAL HARASSMENT AN IMPEACHABLE OFFENSE? 171
CONTENTS XIII
COULD PRESIDENT TRUMP BE IMPEACHED FOR DOING ANY OF THE THINGS HE
CLAIMED
IN AN ACCESS HOLLYWOOD INTERVIEW THAT WAS AIRED DURING THE PRESIDENTIAL
CAMPAIGN? 172
HOW IS THE CASE OF ALEX KOZINSKI RELEVANT TO OUR UNDERSTANDING OF
WHETHER
SEXUAL HARASSMENT MAY CONSTITUTE AN IMPEACHABLE OFFENSE? 174
WOULD KOZINSKI S MISCONDUCT HAVE BEEN A LEGITIMATE BASIS FOR
IMPEACHMENT? 175
HOW MIGHT THE KOZINSKI CASE HELP US BETTER UNDERSTAND IMPEACHMENT? 176
MAY THE PRESIDENT USE HIS PARDON POWER TO STOP THE CONGRESS FROM
ATTEMPTING TO IMPEACH HIM OR ANYONE ELSE CLOSE TO HIM? 176
WAS PRESIDENT TRUMP S PARDON OF SHERIFF JOE AN ABUSE OF POWER? 177
MAY THE PRESIDENT PARDON HIMSELF AND, IFHEDOES, IS THAT AN ABUSE OF
POWER
AND THEREFORE AN IMPEACHABLE OFFENSE? 178
WHAT IF MEMBERS OF CONGRESS AND THE PUBLIC CANNOT AGREE ON THE SEVERITY
OF THE MISCONDUCT OR THE DAMAGE THAT THE MISCONDUCT CAUSED? 180
WHAT ARE NORMS, AND WHY ARE THEY RELEVANT TO THIS DISCUSSION? 181
IF PRESIDENT TRUMP IS INCOMPETENT, MAY HE BE IMPEACHED FOR THAT? 182
HOW DOES THE TWENTY-FIFTH AMENDMENT WORK? 184
COULD PRESIDENT TRUMP HAVE A PROBLEM WITH THE TWENTY-FIFTH AMENDMENT?
185
WOULD IT BE WRONG TO TAKE INTO ACCOUNT THE FACT THAT MIKE PENCE WOULD
BECOME PRESIDENT IF PRESIDENT TRUMP WERE EITHER REMOVED OR RESIGNED FROM
OFFICE? 188
ARE THE PRESIDENT S TWEETS IN ANY WAY IMPEACHABLE OFFENSES? 188
WHAT ABOUT*? 192
CONCLUSION 196
APPENDIX: TABLE OF US IMPEACHMENTS 201
NOTES 205
BIBLIOGRAPHY 243
INDEX 245
|
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| id | DE-604.BV045534247 |
| illustrated | Not Illustrated |
| indexdate | 2024-07-10T08:20:46Z |
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| isbn | 9780190903657 9780190903664 |
| language | English |
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| series2 | What Everyone Needs to Know |
| spelling | Gerhardt, Michael J. 1956- Verfasser (DE-588)1053842899 aut Impeachment what everyone needs to know Michael J. Gerhardt New York Oxford University Press [2018] © 2018 272 Seiten txt rdacontent n rdamedia nc rdacarrier What Everyone Needs to Know Includes bibliographical references and index Impeachments United States Presidents United States Erscheint auch als Online-Ausgabe Gerhardt, Michael J., 1956-, author Impeachment New York : Oxford University Press, 2018 9780190903671 SWB Datenaustausch application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=030918295&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis |
| spellingShingle | Gerhardt, Michael J. 1956- Impeachment what everyone needs to know Impeachments United States Presidents United States |
| title | Impeachment what everyone needs to know |
| title_auth | Impeachment what everyone needs to know |
| title_exact_search | Impeachment what everyone needs to know |
| title_full | Impeachment what everyone needs to know Michael J. Gerhardt |
| title_fullStr | Impeachment what everyone needs to know Michael J. Gerhardt |
| title_full_unstemmed | Impeachment what everyone needs to know Michael J. Gerhardt |
| title_short | Impeachment |
| title_sort | impeachment what everyone needs to know |
| title_sub | what everyone needs to know |
| topic | Impeachments United States Presidents United States |
| topic_facet | Impeachments United States Presidents United States |
| url | http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=030918295&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA |
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