The federal impeachment process : a constitutional and historical analysis
著者
書誌事項
The federal impeachment process : a constitutional and historical analysis
Princeton University press, c1996
- : cl. : alk. paper
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注記
Bibliography: p. [217]-227
Includes index
内容説明・目次
内容説明
This is the first comprehensive analysis of the theory and practice of impeachment since the Watergate era. Litigation in the intervening period over the Senate's removal of three judges (most recently in connection with Walter Nixon v. United States) has raised doubts about Congress's interest in and capacity for conducting efficient, fair impeachment proceedings as well as about whether congressional judgments regarding the impeachability of federal judges are shielded from review by the other branches. Michael Gerhardt argues that impeachment is a far more effective process than commonly supposed and that it constitutes a special nonreviewable power confined solely to Congress for punishing certain executive and judicial misconduct. Without ignoring the implications of such a view for future rulings in separation of powers disputes, the author seeks primarily to establish impeachment's uniqueness by conveying a sense of its constitutional, historical, and political dimensions. In particular, he provides in Part I a comprehensive historical analysis of the impeachment process.
In Part II he traces the practical problems and most troubling administrative difficulties in actual impeachment proceedings conducted by the House of Representatives and the Senate. Part III resolves the most significant constitutional issues recurring in the federal impeachment process, and Part IV examines proposed constitutional amendments and statutory proposals for reforming the federal impeachment process.
目次
IntroductionAcknowledgmentsCh. 1The Impeachment Debates in the Constitutional Convention3Ch. 2The Impeachment Debates in the Ratifying Conventions12Ch. 3Impeachment Proceedings in the House of Representatives25Ch. 4The Senate's Role in the Federal Impeachment Process33Ch. 5Impeachment Issues Involving Congress and the Other Branches47Ch. 6Making Sense of the Federal Impeachment Process64Ch. 7The Scope of Impeachable Officials and Applicable Punishments75Ch. 8Impeachment As the Sole Means of Disciplining and Removing Impeachable Officials82Ch. 9The Scope of Impeachable Offenses103Ch. 10The Proper Procedure for Impeachment Proceedings112Ch. 11Judicial Review of Impeachments118Ch. 12Proposed Procedural Reforms for Judicial Impeachments149Ch. 13Proposed Statutory Changes and Constitutional Amendments to the Impeachment Process159Postscript: The Future of the Impeachment Process173Notes179Bibliography217Index229
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