1. THE TRUMP IMPEACHMENTS: LESSONS FOR THE CONSTITUTION, PRESIDENTS, CONGRESS, JUSTICE, LAWYERS, AND THE PUBLIC
- Author
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Gerhardt, Michael J.
- Subjects
Legislative power -- Laws, regulations and rules ,Acquittals -- Laws, regulations and rules ,Convictions (Law) -- Laws, regulations and rules ,Legal ethics -- Laws, regulations and rules ,Misconduct in office -- Laws, regulations and rules -- Evidence ,Impeachments -- Laws, regulations and rules -- Evidence ,Partisanship -- Laws, regulations and rules ,Company legal issue ,Government regulation ,Law ,Nixon v. Fitzgerald (457 U.S. 731 (1982)) ,United States Constitution (U.S. Const. amend. 14, s. 3) - Abstract
The conventional wisdom is that the two impeachments of Donald Trump demonstrated the ineffectiveness of impeachment as a remedy for serious presidential misconduct. Meeting the constitutional threshold for conviction and removal requiring at least two-thirds approval of the Senate is practically impossible so long as the members of the President's party in Congress control at least a third of the seats in the Senate and are united in opposition to his impeachment and conviction. This Article challenges this conventional wisdom and argues instead that the two Trump impeachments have enduring effects on Trump's political future and legacy, especially in light of the fact that the vast majority of senators condemned his actions in his second trial and the voluminous records of his misconduct serving as the basis for his first impeachment. The Article also assesses the lessons the trials have taught about the effectiveness of various safeguards against the misconduct of presidents and the lawyers who enable their corruption., TABLE OF CONTENTS INTRODUCTION 1312 I. IMPEACHMENT'S IMPACT ON PRESIDENTIAL REPUTATIONS AND LEGACIES 1316 II. THE NONJUDICIAL PRECEDENTS ESTABLISHED IN THE TWO TRUMP IMPEACHMENTS AND TRIALS 1318 III. COORDINATING CONSTITUTIONAL [...]
- Published
- 2023