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Author: Peter Charles Hoffer Publisher: ISBN: 9780300030532 Category : History Languages : en Pages : 325
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: Peter Charles Hoffer Publisher: ISBN: 9780300030532 Category : History Languages : en Pages : 325
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: Chris Monaghan Publisher: Routledge ISBN: 1000597466 Category : Law Languages : en Pages : 228
Book Description
This book sets out and explores the case for a modernised impeachment process for the United Kingdom. The work examines the present law and history of impeachment in the United Kingdom, which today is widely regarded as having fallen into desuetude and its procedures inappropriate for modern conditions. It discusses how impeachment operates in two countries, the United States and Denmark, selected respectively for their marked differences from and similarities to the United Kingdom’s political and constitutional system, for the purposes of illumination and possible lessons for a new impeachment process. The book seeks to provide a balanced and independent examination of the case for this, concluding that it would have a valuable role to play in the future development of the United Kingdom’s system of politics and government. It concludes by setting out a detailed model for the structure, working and effect of impeachment. The book will be of interest to students, academics and policy-makers working in the areas of constitutional law and politics.
Author: Chris Monaghan Publisher: Taylor & Francis ISBN: 1003826466 Category : Law Languages : en Pages : 238
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: David E. Kyvig Publisher: ISBN: Category : Constitutional law Languages : en Pages : 504
Book Description
A Bancroft Prize-winning historian chronicles the modern history of impeachment and the shift in American politics and constitutional culture revealed by its evolving interpretation and use.
Author: Frank O. Bowman III Publisher: Cambridge University Press ISBN: 1108574653 Category : Law Languages : en Pages : 481
Book Description
America frequently talks about impeaching a president, but the impeachment provisions of the American constitution are widely misunderstood. In High Crimes and Misdemeanors, constitutional scholar Frank O. Bowman, III offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of American experience. By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers intended impeachment to be a flexible tool, adaptable to the needs of any age. Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against impeachment of President Trump. It is an indispensable work for the present moment.
Author: Michael J. Gerhardt Publisher: University of Chicago Press ISBN: 022655497X Category : Political Science Languages : en Pages : 312
Book Description
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.
Author: Ronald Craig Zellar Publisher: Algora Publishing ISBN: 0875868843 Category : Biography & Autobiography Languages : en Pages : 287
Book Description
It has been often said that OC an institution is lengthened by the shadow of one man.OCO This is certainly true of John Marshall, who established the Supreme Court, made the judiciary a co-equal branch of government, and served as Chief Justice of the United States Supreme Court from 1801OCo1835. In this book a legal expert discusses the battles over the judiciary between Chief Justice John Marshall and President Thomas Jefferson during the Jefferson Presidency. The focus is on the treason trial of Aaron Burr and the story interweaves conflicts over the Judiciary Acts, Marbury v. Madison, and impeachment. Why did Thomas Jefferson and John Marshall become such great antagonists? In the dramas between these men, President Jefferson is seen in far different light than usual. John Marshall was interested in doing whatever it would take to make the United States successful; he believed in an ordered society. Jefferson, more a philosopher and a romantic, was interested in ideas rather than order. But research reveals that, despite JeffersonOCOs reputation as a champion of civil liberties, he jumped to publicly proclaim BurrOCOs guilt -- before he was even arrested, much less indicted and tried. Jefferson was intimately involved in trial strategy, writing numerous letters to the lead prosecutor. Chief Justice John Marshall responded decisively to JeffersonOCOs efforts to influence, if not dictate to, the Judicial Branch. In fact, Chief Justice John Marshall, usually presented as a champion of property rights and commerce, ensured that the rule of law prevailed despite enormous pressures, throughout the criminal trial. Letters between Jefferson and Prosecutor George Hay, and excerpts from the trial transcript and court opinions, support the authorOCOs thesis."