Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2000

Law and Contemporary Problems

Impeachments

Articles 1 - 6 of 6

Full-Text Articles in Law

The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf Apr 2000

The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf

Law and Contemporary Problems

Kinkopf believes that the House of Representatives' decision to impeach Pres Clinton on the charge that he committed perjury before the grand jury, a charge that did not involve official conduct, was proper. Even though Pres Clinton's misconduct was not a proper basis for impeachment or conviction, his case demonstrates that if would be terribly unwise to understand official misconduct to be a necessary element of a high crime or misdemeanor.


The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt Apr 2000

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Law and Contemporary Problems

Gerhardt offers a general explanation of the federal impeachment process and relates it to the impeachment of Pres Bill Clinton. The first feature of the constitutional allocation of power for impeachment and removal is that it facilitates and rewards a pragmatic or flexible analysis and impedes a formalistic analysis of the fundamental question at the core of Pres Clinton's impeachment proceedings--whether his conduct constituted a "high Crime or Misdemeanor."


A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch Apr 2000

A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch

Law and Contemporary Problems

Reflecting on the impeachment and trial of Pres Bill Clinton, Bloch considers how well the impeachment process worked and what was learned from the experience that might be a guide in the event of another impeachment in the future. Any critique of the impeachment process should begin with the independent counsel statute.


The Story About Clinton’S Impeachment, L. H. Larue Apr 2000

The Story About Clinton’S Impeachment, L. H. Larue

Law and Contemporary Problems

No abstract provided.


The Impeachment Of President Clinton: An Ugly Mix Of Three Powerful Forces, Karen A. Popp Apr 2000

The Impeachment Of President Clinton: An Ugly Mix Of Three Powerful Forces, Karen A. Popp

Law and Contemporary Problems

Popp argues that the 1998-99 impeachment debacle resulted in large part from an ugly mix of three extremely powerful forces--an independent counsel who abused his virtually unlimited power; extreme congressional partisanship that was motivated by the desire to gain control of the government; and media outlets that continuously sought to profit from the sensationalism of it all and consistently flouted standards of professional journalism along the way.


Impeachment As Congressional Constitutional Interpretation, Neal Kumar Katyal Apr 2000

Impeachment As Congressional Constitutional Interpretation, Neal Kumar Katyal

Law and Contemporary Problems

Katyal argues that one can adhere to originalism in the context of judicial interpretation and, nevertheless, believe in a broader style of interpretation for the legislature. He illustrates the point with three examples--the roles of history, precedent, and moral philosophy--in discussing the case of Pres Bill Clinton's impeachment.