Impeachment : a handbook / Charles L. Black, Jr., Philip Bobbitt.
2018
KF5075 .B53 2018 (Map It)
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Title
Impeachment : a handbook / Charles L. Black, Jr., Philip Bobbitt.
Published
New Haven : Yale University Press, 2018.
Copyright
©2018
Call Number
KF5075 .B53 2018
Edition
New edition.
ISBN
9780300238266 (paperback alkaline paper)
0300238266 (paperback alkaline paper)
0300238266 (paperback alkaline paper)
Description
xiii, 165 pages ; 21 cm
System Control No.
(OCoLC)1050436545
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Preface to the New Edition
xi
Preface
xv
pt. I
Charles L. Black, Jr
1.
Introduction
3
2.
Procedures
7
General
7
Part of the House of Representatives
8
Part of the Senate
11
Some Special Procedural Points
15
Is Impeachment, with Trial Thereon, a "Criminal Proceeding"?
15
Should Hearings Be Public?
19
Is There Any "Presidential Privilege" in Impeachment Proceedings?
20
Final Responsibility of Congress
22
Place of Lawyers
23
3.
Impeachable Offense
24
"Treason"
24
"Bribery"
25
"Other high Crimes and Misdemeanors"
26
Relation between Impeachable Offenses and Ordinary Crimes
30
Affirmative Approach to the Meaning of "high Crimes and Misdemeanors"
33
Application to Particular Problems
37
Bribery
37
Income-Tax Fraud
37
Use of Tax System to Harass Opponents
38
Impoundment of Appropriated Funds for the Purpose of Destroying Authorized Programs
38
Unauthorized Warlike Operations
39
Improper Campaign Tactics
40
Obstruction of Justice
41
Some Final Considerations
42
President's Responsibility for Acts of His Subordinates
42
Good-Faith Belief in the Rightness of an Act
43
Substantiality
43
Note on History
44
4.
Impeachment and the Courts
47
Is There to Be Judicial Review of the Senate's Verdict on Impeachment?
47
May Congress Use the Federal Courts to Assist in Impeachment Investigations?
55
5.
Short of Impeachment
57
pt. II
Philip Bobbitt
6.
Recent Precedents
65
Nixon and Watergate
67
Reagan and Iran-Contra
70
Clinton and Gingrich
75
Bush and the Iraq War
83
Obama and Executive Discretion
86
Before and After
89
7.
Seven Fallacies
95
Fallacy 1
Impeachment Is a Political Question, Not a Legal One
99
Fallacy 2
Grounds for Impeachment Are Whatever the House Determines Them to Be
103
Fallacy 3
Criminal Act by the President Is an Essential Predicate to His Impeachment
107
Fallacy 4
Any Serious Criminal Act by the President Is Grounds for His Impeachment
109
Fallacy 5
Congress Cannot Remove a President for Exercising Authorities That Are Constitutionally Committed to His Discretion
113
Fallacy 6
Acts Authorized by Congress Cannot Provide a Predicate for the Impeachment of the President Who Carries Out These Acts
116
Fallacy 7
What Constitutes a "high Crime or Misdemeanor" Does Not Vary with the Office of the Person Being Impeached
118
8.
Particular Problems
121
Burglary
122
Bots
125
Obstruction
129
Pardons
133
Incitement
137
Intimidation
137
Emoluments
139
Incapacitation: The Twenty-Fifth Amendment
141
9.
Decision according to Law
145
Appendix
151
Bibliography
155
Acknowledgments
161
Index
163