The Federal Impeachment Process

A Constitutional and Historical Analysis

Michael J. Gerhardt

The Federal Impeachment Process

Michael J. Gerhardt

Second Edition
271 pages | 6 x 9 | © 2000
Paper $30.00 ISBN: 9780226289571 Published June 2000
Throughout President Clinton’s impeachment proceedings, the contending sides agreed on very little. One exception was The Federal Impeachment Process—the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history.

In this edition, Michael Gerhardt draws on his experience as a commentator and expert witness to examine the likely political and constitutional consequences of President Clinton’s impeachment and trial. Placing the President’s acquittal in historical perspective, he argues that it fits easily within the impeachment process as it has evolved over the past two centuries. Impeachment, he shows, is an inherently political process designed to expose and remedy political crimes. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official’s misconduct and duties.

Significantly updated, this book will be the standard work on the federal impeachment process for years to come.

On the first edition:

"The most comprehensive, analytic study of the federal impeachment process to date."—Choice

"This book is by some margin the most successful . . . analysis of impeachment issues to have been written, and it will be the standard work for years to come."—Constitutional Commentary
Preface to the Second Edition
Part I. The Historical Origins of the Federal Impeachment Process
1. The Impeachment Debates in the Constitutional Convention
2. The Impeachment Debates in the Ratifying Conventions
Part II. Trends and Problems in Impeachment Proceedings
3. Impeachment Proceedings in the House of Representatives
4. The Senate’s Role in the Federal Impeachment Process
5. Impeachment Issues Involving Congress and the Other Branches
6. Making Sense of the Federal Impeachment Process
Part III. Clarifying the Constitutional Aspects of the Federal Impeachment Process
7. The Scope of Impeachable Officials and Applicable Punishments
8. Impeachment As the Sole Means of Disciplining and Removing Impeachable Officials
9. The Scope of Impeachable Offenses
10. The Proper Procedure for Impeachment Proceedings
11. Judicial Review of Impeachments
Part IV. Impeachment Reforms
12. Proposed Procedural Reforms for Judicial Impeachments
13. Proposed Statutory Changes and Constitutional Amendments to the Impeachment Process
Part V. The Historical and Constitutional Significance of the Impeachment and Acquittal of President William Jefferson Clinton
14. Possible Explanations for and Lessons to be Drawn from President Clinton’s Impeachment and Acquittal
15. Conclusion: The Future of the Impeachment Process
Bibliography Addendum
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