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.
Using primary documents from all federal impeachments, including those for members of congress, the judiciary, and the cabinet as well as the president, Van Tassel and Finkelman evaluate what has and what has not constitued an impeachable offense, from the proceedings against Senator William Blount in 1797 to that of President Clinton in 1998. They also touch on congress' occasional attempts to use censure to tut-tut an official.
The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoff
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.
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.
"Presidential impeachments are rare in American constitutional history: in the 230 years since ratification, only three presidents have faced serious attempts to remove them from office. Indispensable Remedy is a comprehensive primer on the purpose, history, and scope of the Constitution's impeachment provisions--and a corrective to myths that have grown up around the remedy. First among the myths is the notion that impeachment is reserved solely for criminal abuses of office. 'Perversely, as the power of the office has grown,' writes author Gene Healy, 'that misconception has ensured that the federal official with the greatest capacity to do harm now enjoys stronger job protection than virtually any other American.' But the remedy James Madison described as 'indispensable. . .for defending the community against the incapacity, negligence, or perfidy of the Chief Magistrate' isn't limited to violations of the law or abuses of official power. The power to impeach, writes Healy, 'should never be involved lightly, but neither should Americans fear to wield it, should it become necessary.'" -- Back cover.
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.
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