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The Federal Impeachment Process

A Constitutional and Historical Analysis, Third Edition

Michael J. Gerhardt

The Federal Impeachment Process

Michael J. Gerhardt

312 pages | 6 x 9 | © 2019
Paper $35.00 ISBN: 9780226554839 Published April 2019
E-book $5.99 About E-books ISBN: 9780226554976 Published April 2019
As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today’s highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? 

For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes—serious breaches of duty or injuries to the Republic. 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. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the “Emoluments Clause” means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials.

Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.
Contents
PREFACE TO THE THIRD EDITION
ACKNOWLEDGMENTS

PART I: THE HISTORICAL ORIGINS OF THE FEDERAL IMPEACHMENT PROCESS

CHAPTER ONE. The Impeachment Debates in the Constitutional Convention
CHAPTER TWO. The Impeachment Debates in the Ratifying Conventions

PART II: TRENDS AND PROBLEMS IN IMPEACHMENT PROCEEDINGS

CHAPTER THREE. Impeachment Proceedings in the House of Representatives
CHAPTER FOUR. The Senate’s Role in the Federal Impeachment Process
CHAPTER FIVE. Impeachment Issues Involving Congress and the Other Branches
CHAPTER SIX. Making Sense of the Federal Impeachment Process

PART III: CLARIFYING THE CONSTITUTIONAL ASPECTS OF THE FEDERAL IMPEACHMENT PROCESS

CHAPTER SEVEN. The Scope of Impeachable Officials and Applicable Punishments
CHAPTER EIGHT. Impeachment as the Sole Means of Disciplining and Removing Impeachable Officials
CHAPTER NINE. The Scope of Impeachable Offenses
CHAPTER TEN. The Proper Procedures for Impeachment Proceedings
CHAPTER ELEVEN. Judicial Review of Impeachments

PART IV: IMPEACHMENT REFORMS

CHAPTER TWELVE. Proposed Procedural Reforms for Judicial Impeachments
CHAPTER THIRTEEN. Proposed Statutory Changes and Constitutional Amendments to the Impeachment Process

PART V: PRESIDENTIAL IMPEACHMENT IN THE AGE OF CLINTON AND TRUMP

CHAPTER FOURTEEN. Lessons from President Clinton’s Impeachment and Acquittal
CHAPTER FIFTEEN. Impeachment and President Trump

NOTES
BIBLIOGRAPHY
BIBLIOGRAPHY ADDENDUM
INDEX
For more information, or to order this book, please visit https://www.press.uchicago.edu
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