Impeachment

Introduction

In "Impeachment," author Jeffrey A. Engel takes readers on a historical journey through the theory and practice of removing an American president from office. This book provides valuable insights into the minds of the Constitution's Framers, their intentions behind creating the executive branch, and the complex system they designed for removing a corrupt executive – known today as impeachment.

The book explores the three major impeachment crises in US history before Trump: Andrew Johnson, Richard Nixon, and Bill Clinton. Each of these cases led to significant changes in the American system of government and offers lessons for understanding the current political landscape.

The Birth of the Presidency and Impeachment

Post-Revolutionary Chaos

After winning independence from Britain, the newly formed United States faced a period of chaos. The makeshift political system that emerged after the war wasn't working well:

• Many states were governed mainly by legislatures, leading to near mob rule
• Legislators were forced to act in ways that pleased rather than benefited the people
• Americans fought among themselves over issues they had just fought the British about

The Need for an Executive

The Founding Fathers realized they needed to create an executive position to:

• Make the government more efficient
• Keep the legislature in check
• Represent the unified will of the people

However, they were wary of concentrating too much power in one person, fearing it could lead to corruption.

Developing Impeachment as a Safeguard

To address these concerns, the Framers developed the process of impeachment:

• It was intentionally designed to be vague and complicated
• The phrase "high crimes and misdemeanors" was chosen as a justification for removal
• The process was made complex to ensure it would be carried out with gravity and reflection

Andrew Johnson's Impeachment: A Lesson in Limits

The Insufferable President

Andrew Johnson, who became president after Lincoln's assassination, was incredibly unpopular with the Republican-controlled Congress:

• He was known for being angry, volatile, and difficult
• Johnson was extremely racist, even by the standards of his time
• He consistently undermined congressional efforts to promote racial equality in the South

The Impeachment Attempt

The House of Representatives tried to impeach Johnson multiple times:

• Initial attempts were based on flimsy grounds
• The final impeachment was triggered by Johnson's violation of the Tenure of Office Act
• Many of the articles of impeachment were petty and based on personal dislike

The Outcome and Lessons

Johnson was ultimately acquitted by the Senate:

• The impeachment attempt was seen as too partisan
• It established that Congress can't impeach a president just for being insufferable
• The case highlighted the importance of having clear violations of law for impeachment

Nixon's Impeachment Crisis: Refining the Process

Nixon's Crimes

Richard Nixon's behavior during the Watergate scandal was brazen:

• He ordered the CIA to lie to the FBI about the Watergate break-in
• Nixon authorized hush payments to burglars
• He fired officials who refused to dismiss the special prosecutor investigating the White House

The Impeachment Process

Nixon's case led to significant refinements in the impeachment process:

• The House Judiciary Committee was established to handle impeachment proceedings
• The definition of "high crimes and misdemeanors" was expanded
• New rules were created for the impeachment process

Executive Privilege and Bipartisanship

The Nixon case also:

• Set limits on executive privilege
• Demonstrated the importance of bipartisan cooperation in impeachment proceedings

Clinton's Impeachment: Morality and Executive Privilege

The Scandal

Bill Clinton's impeachment stemmed from his affair with Monica Lewinsky:

• The scandal began when prosecutor Kenneth Starr uncovered the affair
• Clinton initially tried to avoid questioning by claiming executive privilege
• He then lied under oath about the affair

The Impeachment Strategy

Republicans focused on embarrassing Clinton by making public the details of his affair:

• This approach backfired due to changing American attitudes towards sex and infidelity
• The public saw the investigation as invasive and offensive

Outcomes and Precedents

Clinton's impeachment led to:

• Further limitations on executive privilege
• New laws regarding attorney-client privilege for presidents
• A shift in how sexual indiscretions by politicians are viewed

The Impact of Impeachment on American Democracy

Partisan Divide

Impeachment has both resulted from and contributed to a fractious partisan political atmosphere:

• It has made it politically risky for opposing sides to work together
• Each impeachment crisis has frayed the fabric of US democracy

Erosion of Public Trust

Watergate, in particular, permanently damaged public trust in the presidency:

• Before Watergate, more than half of Americans trusted their president to do the right thing
• This level of trust has never been regained

The Importance of Bipartisanship

Peaceful resolutions to impeachment crises have always required bipartisan cooperation:

• In Johnson's case, seven senators crossed party lines to ensure constitutional balance
• During Nixon's impeachment, the "Fragile Coalition" in the House Judiciary Committee worked across party lines
• For Clinton's impeachment, opposing senators worked together to keep proceedings civil and dignified

The Role of the Senate

The Senate has played a crucial role in navigating impeachment crises:

• Senators have had to prioritize constitutional correctness over pleasing constituents
• They've had to balance crisis politics with upholding the spirit of the Constitution
• So far, the Senate has behaved in the sober way the Framers intended during impeachments

Lessons for the Present and Future

The Ongoing Relevance of Impeachment

As political polarization continues to increase, understanding the history and purpose of impeachment becomes even more critical:

• It serves as a reminder of the checks and balances built into the American system
• The process highlights the ongoing tension between executive power and legislative oversight

The Need for Civic Education

The complexities of impeachment underscore the importance of civic education:

• Citizens need to understand the constitutional foundations of the process
• A well-informed public is crucial for holding leaders accountable

The Challenge of Modern Media

The rise of 24/7 news cycles and social media presents new challenges for impeachment proceedings:

• Information (and misinformation) spreads rapidly
• Public opinion can be swayed quickly, potentially influencing the process

The Importance of Institutional Integrity

For impeachment to function as intended, key institutions must maintain their integrity:

• Congress must be willing to put country over party
• The judiciary must remain independent and impartial
• The press must continue to investigate and report accurately

The Future of Impeachment

Potential Reforms

Some scholars and politicians have suggested reforms to the impeachment process:

• Clarifying the definition of "high crimes and misdemeanors"
• Establishing clearer rules for impeachment investigations
• Creating mechanisms to ensure bipartisan cooperation during the process

The Role of Public Opinion

As seen in previous cases, public opinion plays a significant role in impeachment:

• Leaders must balance constitutional duties with political realities
• The public's understanding and engagement with the process is crucial

Global Implications

America's handling of impeachment has implications beyond its borders:

• It serves as a model (or cautionary tale) for other democracies
• The strength of American democratic institutions is watched closely by allies and adversaries alike

Conclusion

Jeffrey A. Engel's "Impeachment" provides a comprehensive look at one of the most serious and consequential processes in American democracy. By examining the historical cases of Johnson, Nixon, and Clinton, the book offers valuable insights into how the United States has grappled with the challenge of holding its highest office accountable.

The impeachment process, as envisioned by the Framers and refined through historical experience, remains a vital tool for maintaining the delicate balance of power in the American system of government. However, its effectiveness relies on the integrity of institutions, the wisdom of leaders, and the engagement of an informed citizenry.

As the United States continues to navigate political polarization and new challenges to democratic norms, the lessons from past impeachment crises become ever more relevant. Understanding this history is crucial not just for political leaders and scholars, but for all citizens who wish to preserve and strengthen American democracy.

The book serves as a reminder that while impeachment is a powerful tool, it is also a last resort – one that should be approached with the gravity and careful consideration that the Framers intended. As the nation moves forward, the hope is that the wisdom gained from past experiences will guide future leaders in using this constitutional safeguard responsibly and effectively.