British Origins and American Practice of Impeachment PDF Download

Author: Chris Monaghan
Publisher: Taylor & Francis
ISBN: 1003826466
Category : Law
Languages : en
Pages : 238

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Book Description
This collection brings together historians, political scientists and legal scholars to explore the Anglo-American origins of impeachment and its use in the USA. Impeachment originated in England during the Good Parliament of 1376. It was used, subject to several periods of disuse, until the beginning of the 19th century. The British form of impeachment in turn inspired the drafters of the US Constitution and the inclusion of a mechanism permitting the removal of members of the federal executive and federal judiciary. These Anglo-American origins of impeachment have inspired many constitutions around the globe to include impeachment mechanisms which permit, in most cases, the legislature to remove the President, a Prime Minister, ministers and judges. This volume explores the origins, influence and practice of impeachment. Divided into three parts, the history of impeachment and how it developed in British history is the focus of part one. The inclusion of Ireland reflects the constitutional status of impeachment, the legacy of union with Great Britain and how impeachment can still serve as a deterrent. Part two examines the adoption of impeachment within the US Constitution and its use in practice. The third and final part discusses impeachment in the 21st century. The book will be an essential resource for students, academics and researchers in law, political science and history.

Author: Justine Rubinstein
Publisher: Mason Crest Publishers
ISBN: 9781422242377
Category : Impeachments
Languages : en
Pages : 0

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Book Description
When America's Founding Fathers were setting up the new government, they wanted to ensure their leaders would be held accountable. For that reason, they established rules and regulations around the practice of impeachment--the ability to charge, convict, and remove a public official should he or she become corrupted by power or fail to carry out the duties of the office. Today, the impeachment process remains one of the most serious government functions. It is rarely used, but its potential to alter the political landscape is great. Though many Americans are aware of the concept of impeachment, the details can be obscure. This book gets to the root of the impeachment process, with facts about its origins in medieval England, its place in the U.S. Constitution, and instances where impeachment proceedings have been launched in American history. From the roles of the House of Representatives and the Senate in an impeachment trial to current debates around impeachment, this volume of the Know Your Government series gives you all the tools you need to grasp one of the most misunderstood legal procedures.

Author: Peter Charles Hoffer
Publisher:
ISBN: 9780300030532
Category : History
Languages : en
Pages : 325

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Book Description
One of the most significant books in constitutional history to have been published in a very long time. Hoffer and Hull brilliantly demonstrate the colonial origins of impeachment and their argument has important implications for current impeachment proceedings.

Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681

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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Author: Chris Monaghan
Publisher: Taylor & Francis
ISBN: 1003849091
Category : Law
Languages : en
Pages : 364

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Book Description
This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.

Author: Jon Meacham
Publisher: Modern Library
ISBN: 1984853783
Category : History
Languages : en
Pages : 303

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Book Description
Four experts on the American presidency examine the three times impeachment has been invoked—against Andrew Johnson, Richard Nixon, and Bill Clinton—and explain what it means today. Impeachment is a double-edged sword. Though it was designed to check tyrants, Thomas Jefferson also called impeachment “the most formidable weapon for the purpose of a dominant faction that was ever contrived.” On the one hand, it nullifies the will of voters, the basic foundation of all representative democracies. On the other, its absence from the Constitution would leave the country vulnerable to despotic leadership. It is rarely used, and with good reason. Only three times has a president’s conduct led to such political disarray as to warrant his potential removal from office, transforming a political crisis into a constitutional one. None has yet succeeded. Andrew Johnson was impeached in 1868 for failing to kowtow to congressional leaders—and, in a large sense, for failing to be Abraham Lincoln—yet survived his Senate trial. Richard Nixon resigned in August 1974 after the House Judiciary Committee approved three articles of impeachment against him for lying, obstructing justice, and employing his executive power for personal and political gain. Bill Clinton had an affair with a White House intern, but in 1999 he faced trial in the Senate less for that prurient act than for lying under oath about it. In the first book to consider these three presidents alone—and the one thing they have in common—Jeffrey A. Engel, Jon Meacham, Timothy Naftali, and Peter Baker explain that the basis and process of impeachment is more political than legal. The Constitution states that the president “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors,” leaving room for historical precedent and the temperament of the time to weigh heavily on each case. This book reveals the complicated motives behind each impeachment—never entirely limited to the question of a president’s guilt—and the risks to all sides. Each case depended on factors beyond the president’s behavior: his relationship with Congress, the polarization of the moment, and the power and resilience of the office itself. This is a realist view of impeachment that looks to history for clues about its potential use in the future.

Author: Frank O. Bowman III
Publisher: Cambridge University Press
ISBN: 1009401017
Category : Law
Languages : en
Pages : 637

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Book Description
This book combines historical and constitutional analysis of impeachment in the UK and US with a lively new account of both Trump impeachments by a leading scholar whose writings and advice were influential in both cases. This second edition is the only comprehensive, up-to-date history of Anglo-American impeachment.

Author: Stephen L. Carter
Publisher: Vintage
ISBN: 030795840X
Category : Fiction
Languages : en
Pages : 530

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Book Description
From the best-selling author of The Emperor of Ocean Park and New England White, a daring reimagining of one of the most tumultuous moments in our nation’s past Stephen L. Carter’s thrilling new novel takes as its starting point an alternate history: President Abraham Lincoln survives the assassination attempt at Ford’s Theatre on April 14, 1865. Two years later he is charged with overstepping his constitutional authority, both during and after the Civil War, and faces an impeachment trial . . . Twenty-one-year-old Abigail Canner is a young black woman with a degree from Oberlin, a letter of employment from the law firm that has undertaken Lincoln’s defense, and the iron-strong conviction, learned from her late mother, that “whatever limitations society might place on ordinary negroes, they would never apply to her.” And so Abigail embarks on a life that defies the norms of every stratum of Washington society: working side by side with a white clerk, meeting the great and powerful of the nation, including the president himself. But when Lincoln’s lead counsel is found brutally murdered on the eve of the trial, Abigail is plunged into a treacherous web of intrigue and conspiracy reaching the highest levels of the divided government. Here is a vividly imagined work of historical fiction that captures the emotional tenor of post–Civil War America, a brilliantly realized courtroom drama that explores the always contentious question of the nature of presidential authority, and a galvanizing story of political suspense. This eBook edition includes a Reading Group Guide.

Author: John Cerullo
Publisher: Lexington Books
ISBN: 1498565905
Category : Law
Languages : en
Pages : 325

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Book Description
At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.

Author: Charles L. Black, Jr.
Publisher: Yale University Press
ISBN: 0300238266
Category : Law
Languages : en
Pages : 182

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Book Description
Originally published at the height of the Watergate crisis, Charles Black's classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen. Praise for Impeachment: "To understand impeachment, read this book. It shows how the rule of law limits power, even of the most powerful, and reminds us that the impact of the law on our lives ultimately depends on the conscience of the individual American."--Bill Bradley, former United States senator "The most important book ever written on presidential impeachment."--Lawfare "A model of how so serious an act of state should be approached."--Wall Street Journal "A citizen's guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive."--New York Times Book Review "The finest text on the subject I have ever read."--Ben Wittes