The impeachment power The law, politics, and purpose of an extraordinary constitutional tool

Keith E. Whittington

Book - 2024

"We are witnessing an unprecedented moment in American politics in which impeachments are increasingly common. In today's partisan environment, it is more vital than ever that government officials, scholars, and ordinary citizens understand what an impeachment can reasonably be expected to accomplish. In this incisive and accessible book, Keith Whittington provides needed clarity on the constitutional power of impeachment, explaining why it exists and how it should be used to preserve American democracy. Drawing insights from American and British history, congressional practice, and the language of the Constitution itself, Whittington shows how impeachment is a tool for checking abuses of elective office and defending constitution...al norms. While we have come to associate impeachment today with the presidency, it can be used to remedy gross misconduct in any of an array of officers of the federal government. Whittington cautions against abusing this immense and consequential power to settle political scores, demonstrating how it undermines the independence of the branches and makes Congress the seat of political power. Required reading for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems"--

Saved in:
1 copy ordered
Subjects
Published
Princeton : Princeton University Press [2024]
Language
English
Main Author
Keith E. Whittington (author)
Physical Description
pages cm
Bibliography
Includes bibliographical references and index.
ISBN
9780691265391
  • What is the impeachment process?
  • What is a fair impeachment process?
  • What is the impeachment power for?
  • What are high crimes and misdemeanors?
  • When does abuse of power justify impeachment?
  • Can the Supreme Court intervene in an impeachment?
Review by Library Journal Review

What exactly is impeachment within the framework of the United States federal government? Whittington (political science, Princeton Univ.; Speak Freely) expertly addresses this question in his very engaging work. Readers will come away with a better understanding of the historical origins of the impeachment power within the English Parliament and how it was modified for the American context; what exactly the Constitution says about impeachment; and how the power has evolved over time. Public perception of impeachment is typically associated with a congressional effort to remove the president. However, that has rarely been attempted. Most impeachments involve federal judges accused of misconduct, and this work references several of the more prominent examples to illustrate how impeachment has been implemented. The impeachment process has some similarities to a judicial process. The U.S. Senate sits as an impeachment court, for example, but the author does an excellent job of explaining how impeachment is more a political process than a legal one. VERDICT Highly recommended for any reader interested in American government and politics.--Joshua Wallace

(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Review by Kirkus Book Review

A leading legal thinker delves into the law and politics of impeachment in this timely study.Impeachmentis one of the most loaded terms in American politics, and one of the most misunderstood. Whittington, a law professor at Yale, aims to unravel the process and set it into the broader political context. Impeachment is usually discussed in terms of the presidency, although it can also be used in response to malfeasance by officers of the executive branch and the judiciary. Whittington tracks through the precedents, as well as the impeachment provisions at state level. The Constitution sets out the mechanics but is vague about the reasons for impeachment, and Whittington provides an interesting chapter on the possible meanings of the "high crimes and misdemeanours" clause. Of course, there have been no occasions when a president has been impeached, convicted, and removed from office, although Nixon probably would have been had he not resigned. More recently, impeachment has been wielded more as a partisan weapon than a legal sanction, first against Clinton and then Trump. The second impeachment of Trump set the precedent that the House does not need hearings or an investigation but simply a majority of votes. Impeachment in that case looked more like a symbolic punishment, and it is not clear where that road might lead in the era of hyperpartisan conflict. Whittington sets all this out in a dispassionate tone, eventually concluding that the impeachment power should remain in the Constitution, even if it sometimes seems outdated. Written with a commendably cool head, Whittington's book will be a key guide for legal experts as well as lay readers. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.