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The Federal Impeachment Process - A Constitutional and Historical Analysis, Third Edition (Paperback, 3rd edition)
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The Federal Impeachment Process - A Constitutional and Historical Analysis, Third Edition (Paperback, 3rd edition)
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Twenty years after President Clinton's impeachment proceedings,
talk of impeachment is again in the air. But what are the grounds
for impeaching a sitting president? Who is subject to impeachment?
Is impeachment effective as a safeguard against presidential
misconduct? What challenges does today's highly partisan political
climate pose to the impeachment process, and what, if any,
meaningful alternatives are there for handling presidential
misconduct? For more than twenty years, The Federal Impeachment
Process has served as the most complete analysis of the
constitutional and legal issues raised in every impeachment
proceeding in American history. Impeachment, Michael J. Gerhardt
shows, is an inherently political process designed to expose and
remedy political crimes--serious breaches of duty or injuries to
the Republic. Subject neither to judicial review nor to
presidential veto, it is a unique congressional power that involves
both political and constitutional considerations, including the
gravity of the offense charged, the harm to the constitutional
order, and the link between an official's misconduct and duties.
For this third edition, Gerhardt updates the book to cover cases
since President Clinton, as well as recent scholarly debates. He
discusses the issues arising from the possible impeachment of
Donald Trump, including whether a sitting president may be
investigated, prosecuted, and convicted for criminal misconduct or
whether impeachment and conviction in Congress is the only way to
sanction a sitting president; what the "Emoluments Clause" means
and whether it might provide the basis for the removal of the
president; whether gross incompetence may serve as the basis for
impeachment; and the extent to which federal conflicts of interest
laws apply to the president and other high ranking officials.
Significantly updated, this book will remain the standard work on
the federal impeachment process for years to come.
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