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Showing 1 - 7 of 7 matches in All Departments
A clear and comprehensive overview of presidential impeachment from a leading expert in the field As a result of Donald Trump’s presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution. The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution’s various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt’s new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments. The Law of Presidential Impeachment will be an invaluable, accessible guide for future generations, giving them a succinct yet remarkably nuanced understanding of this core aspect of our executive branch and overarching governmental system.
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.
A brilliant and novel examination of how Abraham Lincoln mastered the art of leadership "Abraham Lincoln had less schooling than all but a couple of other presidents, and more wisdom than every one of them. In this original, insightful book, Michael Gerhardt explains how this came to be." -H.W. Brands, Wall Street Journal In 1849, when Abraham Lincoln returned to Springfield, Illinois, after two seemingly uninspiring years in the U.S. House of Representatives, his political career appeared all but finished. His sense of failure was so great that friends worried about his sanity. Yet within a decade, Lincoln would reenter politics, become a leader of the Republican Party, win the 1860 presidential election, and keep America together during its most perilous period. What accounted for the turnaround? As Michael J. Gerhardt reveals, Lincoln's reemergence followed the same path he had taken before, in which he read voraciously and learned from the successes, failures, oratory, and political maneuvering of a surprisingly diverse handful of men, some of whom he had never met but others of whom he knew intimately-Henry Clay, Andrew Jackson, Zachary Taylor, John Todd Stuart, and Orville Browning. From their experiences and his own, Lincoln learned valuable lessons on leadership, mastering party politics, campaigning, conventions, understanding and using executive power, managing a cabinet, speechwriting and oratory, and-what would become his most enduring legacy-developing policies and rhetoric to match a constitutional vision that spoke to the monumental challenges of his time. Without these mentors, Abraham Lincoln would likely have remained a small-town lawyer-and without Lincoln, the United States as we know it may not have survived. This book tells the unique story of how Lincoln emerged from obscurity and learned how to lead.
The role that precedent plays in constitutional decision making is
a perennially divisive subject among scholars of law and American
politics. The debate rages over both empirical and normative
aspects of the issue: To what extent are the Supreme Court,
Congress, and the executive branch constrained by precedent? To
what extent should they be? Taking up a topic long overdue for
comprehensive treatment, Michael Gerhardt connects the vast social
science data and legal scholarship to provide the most wide-ranging
assessment of precedent in several decades.
The role that precedent plays in constitutional decision making is
a perennially divisive subject among scholars of law and American
politics. The debate rages over both empirical and normative
aspects of the issue: To what extent are the Supreme Court,
Congress, and the executive branch constrained by precedent? To
what extent should they be? Taking up a topic long overdue for
comprehensive treatment, Michael Gerhardt connects the vast social
science data and legal scholarship to provide the most wide-ranging
assessment of precedent in several decades.
Throughout President Clinton's impeachment proceedings, the
contending sides agreed on very little. One exception was "The
Federal Impeachment Process"--the most complete analysis of the
constitutional and legal issues raised in every impeachment
proceeding in American history.
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