• Presidential Impeachment and Removal: From the Two-Party System to the Two-Reality System

    Author(s):
    Brian Kalt
    Date:
    2019
    Group(s):
    MSU Law Faculty Repository
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/5ynd-gf42
    Abstract:
    mpeachment is not the most quotable of subjects, but in April 1970, House Minority Leader Gerald Ford managed to make it so. Spearheading a doomed attempt to impeach Supreme Court Justice William 0. Douglas, Ford famously said that an impeachable offense is "whatever a majority of the House of Representatives considers to be at a given moment in history," adding that "conviction results from whatever ... two-thirds of the [Senate] considers to be sufficiently serious to require removal of the accused from office."' This idea is sometimes rendered more simply as "impeachment is whatever the House of Representatives says it is, and removal is whatever the Senate says it is."2 Ford's statement has garnered plenty of criticism over the decades, because it seemingly ignores the Constitution's definition of impeachable offenses-high crimes and misdemeanors ("HCMs")-and substitutes Congress's political whim.3
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    Journal article    
    Status:
    Published
    Last Updated:
    4 weeks ago
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