[T]he Constitution is an historically discontinuous composition... the product... of a series of not altogether coherent compromises; it mirrors no s… - Laurence Tribe

[T]he framers were deliberately vague. They didn't want to limit it to treason and bribery because they knew that there were other things that could so violate the basic structure of our constitution, of checks and balances, that they couldn't even predict in advance. So they wanted a general term that would refer to profound abuses of power that threaten the rule of law. Those needn't be crimes. For example, if the president promises to pardon anybody who beats up one of his opponents, or beats up a non-white immigrant, and basically says, "All of you guys have a get out of jail free card." That would be a manifestly impeachable offense, but it wouldn't be a crime. At the same time there are some crimes that are not high crimes and misdemeanors in the sense that the framers used that language, like tax evasion. ...[I]f this president is evading his taxes, that's not an abuse of his official powers. But they resisted going even further and making it a complete free-for-all. That is, at one point they debated making maladministration... impeachable... Well, that could mean any disagreement with the president. There are some countries that say that misconduct is... impeachable... There are some states that, in application to their governor say that misbehavior is... impeachable... Well that would mean that any time the Congress disagrees profoundly with the president on policy... Suppose it passes a law, he vetoes it, they can't override the veto, but if they basically say... we were right and you were wrong, they could just impeach him. ...An effort of that kind was made with President John Tyler. They thought he vetoed too many bills, and that was the impeachable offense. So the framers of the constitution struck a balance and left the judgement to us. They didn't try to create a formula for what was an impeachable offense, but they didn't just say any time you disagree with president, the thing to do is impeach him and try to remove him. They struck a balance in between, and a pretty good one, although it's one that leaves a huge amount of judgement to... we the people.

[G]overnmental action that burdens groups effectively excluded from the process is constitutionally suspect. In its most sophisticated form, the resulting judicial scrutiny is seen as a way of invalidating governmental classifications and distributions that turn out to be motivated either by prejudiced hostility or by self-serving stereotypes.

American Constitutional Law... final chapter... "The Problem of State Action," grappled with one of the most perplexing aspects in the law of the U.S. Constitution: its character as a body of law addressing not ordinary private conduct but only government conduct. ...[T]he law of the Constitution is a kind of meta-law. ...many instances of what might be regarded as government inaction pose troubling constitutional questions. ...[T]he Supreme Court has generally interpreted constitutional provisions as having nothing at all to say about non-governmental choices. ...One might ...say that the constitutional principle limiting the Constitution’s reach to "state action" is an unwritten command ...essentially "heard" in the sounds of constitutional silence. ...I closed the book with the question: "[I]s it not fitting that a book about the Constitution should close by studying what the Constitution is not about?"