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.
At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.
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.
The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.
The official report from the House Intelligence Committee on Donald Trump’s secret pressure campaign against Ukraine, featuring an exclusive introduction by Pulitzer Prize–winning author and biographer Jon Meacham For only the fourth time in American history, the House of Representatives has conducted an impeachment inquiry into a sitting United States president. This landmark document details the findings of the House Intelligence Committee’s historic investigation of whether President Donald J. Trump committed impeachable offenses when he sought to have Ukraine announce investigations of former vice president Joe Biden and his son Hunter. Penetrating a dense web of connected activity by the president, his ambassador Gordon Sondland, his personal attorney Rudolph Giuliani, and many others, these pages offer a damning, blow-by-blow account of the president’s attempts to “use the powers of his office to solicit foreign interference on his behalf in the 2020 election” and his subsequent attempts to obstruct the House investigation into his actions. Published here with an introduction offering critical context from bestselling presidential historian Jon Meacham, The Impeachment Report is necessary reading for every American concerned about the fate of our democracy.
NEW YORK TIMES BESTSELLER • Governor Andrew Cuomo tells the riveting story of how he took charge in the fight against COVID-19 as New York became the epicenter of the pandemic, offering hard-won lessons in leadership and his vision for the path forward. “An impressive road map to dealing with a crisis as serious as any we have faced.”—The Washington Post When COVID-19 besieged the United States, New York State emerged as the global “ground zero” for a deadly contagion that threatened the lives and livelihoods of millions. Quickly, Governor Andrew Cuomo provided the leadership to address the threat, becoming the standard-bearer of the organized response the country desperately needed. With infection rates spiking and more people dying every day, the systems and functions necessary to combat the pandemic in New York—and America—did not exist. So Cuomo undertook the impossible. He unified people to rise to the challenge and was relentless in his pursuit of scientific facts and data. He quelled fear while implementing an extraordinary plan for flattening the curve of infection. He and his team worked day and night to protect the people of New York, despite roadblocks presented by a president incapable of leadership and addicted to transactional politics. Taking readers beyond the candid daily briefings that became must-see TV across the globe, and providing a dramatic, day-by-day account of the catastrophe as it unfolded, American Crisis presents the intimate and inspiring thoughts of a leader at an unprecedented historical moment. In his own voice, Andrew Cuomo chronicles the ingenuity and sacrifice required of so many to fight the pandemic, sharing the decision-making that shaped his policy as well as his frank accounting and assessment of his interactions with the federal government, the White House, and other state and local political and health officials. Real leadership, he shows, requires clear communication, compassion for others, and a commitment to truth-telling—no matter how frightening the facts may be. Including a game plan for what we as individuals—and as a nation—need to do to protect ourselves against this disaster and those to come, American Crisis is a remarkable portrait of selfless leadership and a gritty story of difficult choices that points the way to a safer future for all of us.
President Bill Clinton’s year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran–Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner’s experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton’s impeachment ordeal.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
