Other precedents also undermine the House Managers' insistence that the Senate is bound to remove President Clinton from office. The House Judiciary Committee refused on a bipartisan basis to impeach President Nixon for deliberately lying under oath to the Internal Revenue Service, although he under reported his taxable income by at least $796,000. During the 1974 Judiciary Committee debates, many Republican and Democratic members of the Committee agreed that tax fraud was not the kind of abuse of power that impeachment was designed to remedy. Finally, the House Managers argue that President Clinton must be removed to protect the rule of law and cleanse the office. It is not enough, they say, that he can be prosecuted once he leaves office. But protecting the rule of law under the Constitution is not the proper standard for removal of the President. Before impeaching and convicting the President, the Senate must find that he committed 'Treason, Bribery, or other high Crimes and Misdemeanors.' As Professor Laurence Tribe testified before the House Judiciary Subcommittee on the Constitution, '[i]f the proposition is that when the President is a law breaker, has committed any crime, then the rule of law and the take care clause requires that one impeach him, then we have rewritten the [impeachment] clause.'
Reference Quote
ShuffleSimilar Quotes
Quote search results. More quotes will automatically load as you scroll down, or you can use the load more buttons.
The House Managers apparently made no attempt to obtain scholarly support for their opposition. It is a fair inference that they did not do so because they knew they could not obtain it. The House Managers argue that because the Senate convicted and removed three federal judges for making perjurious statements, we must now convict and remove the President. But, to determine whether or not President Clinton should be removed from office requires the Senate to do more than make simplistic analogies to federal judges. Removal of the President of the United States and removal of a federal judge are vastly different. The President is unique, and his role is in no way comparable to the role of the over 900 federal judges we have today. The impact on the country of removing one of 900 federal judges is infinitesimal, compared to the impact of removing the only President we have. And the people elect the President for a specific four year term, while federal judges are appointed for life, subject to good behavior. These distinctions are obvious, and they make all the difference.
The law professors wrote, "[i]t goes without saying that lying under oath is a very serious offense. But even if the House of Representatives had the constitutional authority to impeach for any instance of perjury or obstruction of justice, a responsible House would not exercise this awesome power on the facts alleged in this case." The historians wrote, "[t]he Framers explicitly reserved [impeachment] for high crimes and misdemeanors in the exercise of executive power. Impeachment for anything else would, according to James Madison, leave the President to serve 'during the pleasure of the Senate,' thereby mangling the system of checks and balances that is our chief safeguard against abuses of power . . . Although we do not condone President Clinton's private behavior or his subsequent attempts to deceive, the current charges against him depart from what the Framers saw as grounds for impeachment."
Works in ChatGPT, Claude, or Any AI
Add semantic quote search to your AI assistant via MCP. One command setup.
The debate surrounding the Impeachment Clause was significant. By first expanding and then narrowing the clause, the Framers clearly intended that the President could be removed from office for 'crimes' beyond treason and bribery, but that he could not be removed for inefficient administration or administration inconsistent with the dominant view in Congress. Impeachment was not to be the illegitimate twin of the English vote of 'No Confidence' under a parliamentary system of government. The doctrine of separation of powers was paramount. The President was to serve at the pleasure of the people, not the pleasure of the Congress, and certainly not at the pleasure of a willful partisan majority in the House of Representatives.
[T]he lesson from the Clinton impeachment is that purely partisan impeachments for offenses like lying under oath about a sexual affair, that don't really shake the Republic and threaten our ability to abide by the rule of law in general; that those kinds of impeachments are going to fail in the Senate and only embolden and empower the acquitted president. So Clinton's popularity just soared after the impeachment was rejected by the Senate. The Andrew Johnson impeachment is rather different. In that one, where he came within one vote of being convicted, most historians have concluded that the impeachment was terribly partisan, that it wasn't based on any real abuse. The basic charge on which he was impeached was his decision to fire the , , without the consent of the Senate, in violation of... the Tenure of Office Act. Now that was a technical basis that was cooked up, and it wasn't a very good one, because the... Act, not long afterward was struck down as unconstitutional. The president should not have to consult the Senate for firing a cabinet member. But there was a good reason that could have been used in his case. He was fundamentally trying to undo the Union victory in the Civil War. He was unwilling to pursue Lincoln's program of Reconstruction and he was going to be essentially open to all but re-enslaving African-Americans. His programs.. policies... practices showed that he was ripping the country apart, rather than helping to cement the Union that Lincoln had successfully preserved. That wasn't a crime, but it was what the constitution elegantly calls a high crime or misdemeanor and if he had been charged with that... a conviction in the Senate would have been more likely, and more appropriate. So the lesson... is that we should revisit our history, and not simply take the standard views of it as automatically right, and that we should be careful when we use the impeachment power to frame the right reasons for going after a president who has fundamentally broken his compact with the American people and his oath under the constitution.
The defense argues that the Senate should leave the impeachment decision to the voters. While that logic is appealing to our democratic instincts, it is inconsistent with the Constitution’s requirement that the Senate, not the voters, try the president. Hamilton explained that the Founders’ decision to invest senators with this obligation rather than leave it to voters was intended to minimize — to the extent possible — the partisan sentiments of the public. This verdict is ours to render. The people will judge us for how well and faithfully we fulfilled our duty. The grave question the Constitution tasks senators to answer is whether the President committed an act so extreme and egregious that it rises to the level of a “high crime and misdemeanor.” Yes, he did.
PREMIUM FEATURE
Advanced Search Filters
Filter search results by source, date, and more with our premium search tools.
Abu Ghraib is unbelievable in the innocent times of 1961, that we would torture people that way, and on the instructions of the president of the United States and his highest legal advisers. “Torture is OK,” they said. “Go for it, fellas.” If we can’t renounce that and remove it from office, then the Constitution doesn’t work anymore... We’ve got to do more than take back the Constitution. There has to be accountability for what’s happened. The Constitution says that the president, vice president and other officials of the United States shall be removed from office upon impeachment for and conviction of high crimes and misdemeanors.... If you care about the Constitution, you better start talking to your member of the House of Representatives and say impeachment now is essential to the integrity of the United States government and to the future of the United States. We’ve had more than 500,000 people sign on “Vote to Impeach.” We need to get 5 million, and we need to get 5 million on there quick. And then the Congress will react.
The Constitution has guided our country well for two centuries. The decision we make now goes far beyond this President. As we decide whether President Clinton will be removed from office, the future of the Presidency and the well-being of our democracy itself are at stake. How will history remember this Congress? The Radical Republicans in the middle of the 19th century were condemned in the eyes of history for using impeachment as a partisan vendetta against President Andrew Johnson. And I believe the Radical Republicans at the end of the 20th century will be condemned even more severely by history for their partisan vendetta against President Clinton.
Impeachment is a political process, but it has a legal frame of reference... [O]ne of the things we try [very hard] to do in our book... is explain how law and politics interact in this process, and... if you forget the political side, you're going to make a terrible set of blunders. But if you ignore the legal side, you're going to risk destroying the Constitution and the country. I agree, from a strictly partisan, political point of view... that letting Trump basically do himself in and make all kinds of terrible blunders, (and there seems to be a new one every day with this crazy pardon or a completely weird imposition of a tariff that will lose American jobs) that he will make things worse and worse... for himself. But the Constitution we have is a fragile device and if in the course of doing that, he defies judicial orders... He says he might defy an order to submit to a , which would be a first in American history... basically presidents are subject to subpoena, but if he is subpoenaed and as his lawyers said in a memo... he says "No, the president is above the law, above the subpoena power." Then, even though it might be politically wise to just do nothing, we would be breaking faith with the constitution to essentially go back to a system where someone is king. ...Tyrants don't easily give up power, and if we simply let this guy get away with anything, and say, "Let's wait til 2020." It may be too late by 2020 to restore a constitutional democracy under the rule of law.
The historic meaning of the words “high crimes and misdemeanors,” the writings of the Founders and my own reasoned judgment convince me that a president can indeed commit acts against the public trust that are so egregious that while they are not statutory crimes, they would demand removal from office. To maintain that the lack of a codified and comprehensive list of all the outrageous acts that a president might conceivably commit renders Congress powerless to remove such a president defies reason.
The impeachment process was never intended to become a weapon for a partisan majority in Congress to attack the President. To do so is a violation of the fundamental separation of powers doctrine at the heart of the Constitution. It is an invitation to future partisan majorities in future Congresses to use the impeachment power to undermine the President. It could weaken Republican and Democratic Presidents alike for years to come. This case is a constitutional travesty. We deplore the conduct of President Clinton that led to this yearlong distraction for the nation. But we should deplore even more the partisan attempt to abuse the Constitution by misusing the impeachment power.
my hope is that this president is going to be held to account for what he’s done in terms of violating his oath of office and abusing his power, that he will be impeached, that he will be removed from office. If he is not impeached and removed, he’s going to be defeated on November 3rd, 2020, and that this nightmare, with respect to how he’s treating migrants, will be over.
Loading more quotes...
Loading...