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.
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.
Documents the emergence of a pattern of political instability in Latin America. Traditional military coups have receded in the region, but elected presidents are still ousted from power as a result of recurrent crises. Aníbal Pérez-Liñán shows that presidential impeachment has become the main constitutional instrument employed by civilian elites to depose unpopular rulers. Based on detailed comparative research in five countries and extensive historical information, the book explains why crises without breakdown have become the dominant form of instability in recent years and why some presidents are removed from office while others survive in power. The analysis emphasizes the erosion of presidential approval resulting from corruption and unpopular policies, the formation of hostile coalitions in Congress, and the role of investigative journalism. This book challenges classic assumptions in studies of presidentialism and provides important insights for the fields of political communication, democratization, political behaviour, and institutional analysis.
As Congress prepares articles of impeachment of President Trump, read the definitive book on presidential impeachment and how it should be used today. Impeachment is our ultimate constitutional check against an out-of-control executive. But it is also a perilous and traumatic undertaking for the nation. In this authoritative examination, Laurence Tribe and Joshua Matz rise above the daily clamor to illuminate impeachment's proper role in our age of broken politics. To End a Presidency is an essential book for anyone seeking to understand how this fearsome power should be deployed.
It is presumptuous, I suppose, to write a book whose primary audience one hopes will not be around for a long time to come. The author hopes, therefore, that this book will be of more interest to those who would like to know more about the constitutional procedure that the House of Representatives invoked in 1974.
NATIONAL BESTSELLER “Lichtman has written what may be the most important book of the year.” —The Hill What are the ranges and limitations of presidential authority? What are the standards of truthfulness that a president must uphold? What will it take to impeach Donald J. Trump? Professor Allan J. Lichtman, who has correctly forecasted thirty years of presidential outcomes, answers these questions, and more, in TheCase for Impeachment—a deeply convincing argument for impeaching the 45th president of the United States. In the fall of 2016, Allan J. Lichtman made headlines when he predicted that Donald J. Trump would defeat the heavily favored Democrat, Hillary Clinton, to win the presidential election. Now, in clear, nonpartisan terms, Lichtman lays out the reasons Congress could remove Trump from the Oval Office: his ties to Russia before and after the election, the complicated financial conflicts of interest at home and abroad, and his abuse of executive authority. The Case for Impeachment also offers a fascinating look at presidential impeachments throughout American history, including the often-overlooked story of Andrew Johnson’s impeachment, details about Richard Nixon’s resignation, and Bill Clinton’s hearings. Lichtman shows how Trump exhibits many of the flaws (and more) that have doomed past presidents. As the Nixon Administration dismissed the reporting of Bob Woodward and Carl Bernstein as “character assassination” and “a vicious abuse of the journalistic process,” Trump has attacked the “dishonest media,” claiming, “the press should be ashamed of themselves.” Historians, legal scholars, and politicians alike agree: we are in politically uncharted waters—the durability of our institutions is being undermined and the public’s confidence in them is eroding, threatening American democracy itself. Most citizens—politics aside—want to know where the country is headed. Lichtman argues, with clarity and power, that for Donald Trump’s presidency, smoke has become fire.
ONE OF THE BEST BOOKS OF THE YEAR: Jennifer Szalai, The New York Times; The New York Times Book Review; NPR; Publishers Weekly “This absorbing and important book recounts the titanic struggle over the implications of the Civil War amid the impeachment of a defiant and temperamentally erratic American president.”—Jon Meacham, Pulitzer Prize–winning author of The Soul of America When Abraham Lincoln was assassinated and Vice-President Andrew Johnson became “the Accidental President,” it was a dangerous time in America. Congress was divided over how the Union should be reunited: when and how the secessionist South should regain full status, whether former Confederates should be punished, and when and whether black men should be given the vote. Devastated by war and resorting to violence, many white Southerners hoped to restore a pre–Civil War society, if without slavery, and the pugnacious Andrew Johnson seemed to share their goals. With the unchecked power of executive orders, Johnson ignored Congress, pardoned rebel leaders, promoted white supremacy, opposed civil rights, and called Reconstruction unnecessary. It fell to Congress to stop the American president who acted like a king. With profound insights and making use of extensive research, Brenda Wineapple dramatically evokes this pivotal period in American history, when the country was rocked by the first-ever impeachment of a sitting American president. And she brings to vivid life the extraordinary characters who brought that impeachment forward: the willful Johnson and his retinue of advocates—including complicated men like Secretary of State William Seward—as well as the equally complicated visionaries committed to justice and equality for all, like Thaddeus Stevens, Charles Sumner, Frederick Douglass, and Ulysses S. Grant. Theirs was a last-ditch, patriotic, and Constitutional effort to render the goals of the Civil War into reality and to make the Union free, fair, and whole. Praise for The Impeachers “In this superbly lyrical work, Brenda Wineapple has plugged a glaring hole in our historical memory through her vivid and sweeping portrayal of President Andrew Johnson’s 1868 impeachment. She serves up not simply food for thought but a veritable feast of observations on that most trying decision for a democracy: whether to oust a sitting president. Teeming with fiery passions and unforgettable characters, The Impeachers will be devoured by contemporary readers seeking enlightenment on this issue. . . . A landmark study.”—Ron Chernow, Pulitzer Prize–winning author of Grant
Four experts on the American presidency examine the first 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.
