Impeachment

The word “impeachment” is once again in the air. Some want the president brought up on charges of impeachment, while others hope to use it as a campaign issue in the fall. With all this talk of impeachment, it seems like a good time to review the origin and history of the concept.

Article I, Section 2 gives to the House of Representatives “the sole power of impeachment.” Article I, Section 3 says that the Senate “shall have the sole power to try all impeachments” while the Chief Justice presides.

It seems clear that the framers of the Constitution intended impeachment to be a necessary part of the checks and balances of government. It was crucial to a republic they intended to be a limited government with a separation of powers.

Alexander Hamilton writing in Federalist Paper #65 said that impeachment was necessary “for those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.” It seems clear that the framers intended that the power of impeachment would be used more frequently than it has been used.

That has not been the case. Only three presidents faced impeachment. In 1868, the House impeached President Andrew Johnson. The Senate heard the charges and failed to convict him. President Richard Nixon resigned in 1974 after the House Judiciary voted to impeach him. And President Clinton was impeached in 1998 and acquitted the next year.

I might also add that the Senate passed a resolution of censure against President Andrew Jackson. Did that have any effect? Pull out a twenty-dollar bill and see whose picture is on it. Sadly, impeachment and censure haven’t had much of an impact.

Some argue that they can make a strong case for impeachment of this president. That may be true. You can also make the strong case that the president would not be removed from office. Voting for impeachment would mostly be a distraction during this election year.

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