This chapter analyses the fundamental flaw in the argument that impeachment and removal are the only constitutional means for holding a President accountable for criminality. As detailed in this chapter, impeachment was never intended to redress criminality. The reference in the Constitution to “high crimes and misdemeanors” as a basis for impeachment referred to the abuse or usurpation of power wholly independent of the criminal laws, such that impeachable offenses are not necessarily crimes just as crimes are not necessarily impeachable offenses, particularly if the act was committed by the President before taking office or as a private citizen rather than as a public officer.

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Impeachment: Criminality

  • H. Lowell Brown

摘要

This chapter analyses the fundamental flaw in the argument that impeachment and removal are the only constitutional means for holding a President accountable for criminality. As detailed in this chapter, impeachment was never intended to redress criminality. The reference in the Constitution to “high crimes and misdemeanors” as a basis for impeachment referred to the abuse or usurpation of power wholly independent of the criminal laws, such that impeachable offenses are not necessarily crimes just as crimes are not necessarily impeachable offenses, particularly if the act was committed by the President before taking office or as a private citizen rather than as a public officer.