By: Larry M. Newton Date: 12/01/08 Instructor/Class: Dr. Jeremy Lewis/PSC 499.

19
By: Larry M. Newton Date: 12/01/08 Instructor/Class: Dr. Jeremy Lewis/PSC 499

Transcript of By: Larry M. Newton Date: 12/01/08 Instructor/Class: Dr. Jeremy Lewis/PSC 499.

By: Larry M. NewtonDate: 12/01/08

Instructor/Class: Dr. Jeremy Lewis/PSC 499

ObjectivesDiscuss the Origins of the Impeachment and

its process in the United StatesAnalyze the impeachments of Supreme Court

Justice Samuel Chase and President’s Andrew Johnson and William “Bill” Clinton

Analyze Nixon’s near impeachment

Origins and Process of Impeachment

Jolly Old EnglandMadison and Federalist 51- “Ambition must be

made to counteract ambition.” Article 1, Sections 2 and 3; Article II, Section 4;

and Article III, Section 1- Impeachment in the Constitution

Process Continued…Art. II, Sect. 4“The President, Vice President and all Civil

Officers of the United States, shall be removed from Office on Impeachment for Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Treason-Art. III, Sect. 3Bribery High Crimes and Misdemeanors- George

Mason vs. James Madison

Process Continued...CongressHouse of Representatives (218)

Committee Prosecution

Senate (2/3 or 67/100)Judge and Jury

Supreme CourtModerator

Votes Impeachment and Acquittal

Samuel ChaseUnited States Supreme Court Justice Federalist Jefferson vs. AdamsImpeachment

8 articles Fries case 5 of 8 were Callender Case

Chase VoteSENATE VOTE

Fries Article 16 Conviction 18 Acquittal

Second Article 10 Conviction 24 Acquittal

Third Article 18 Conviction 16 Acquittal

Fourth Article 18 Conviction 16 Acquittal

“Several of the historians who have written on the subject have taken the view espoused by John Quincy Adams: The impeachment was a partisan effort by the Republicans to ‘get’ Chase…” (Rehnquist, 1992, 107).

Andrew Johnson17th United States President after death of LincolnDemocratPresident’s Reconstruction vs. Congress

ReconstructionFreedman’s Bureau Bill, Civil Rights Act of 1866,

Reconstruction Act of 1867, Tenure of Office Act Radical Republicans Edwin Stanton

Johnson ImpeachedImpeachment Number 1

Complaints filed against the president Failed House vote…108-57

Impeachment Number 211 Articles Filed Supreme Court Justice Salmon P. Chase Acquitted

Johnson Vote

House 126 Conviction

47 Nay

Senate 35 Conviction 19 Acquittal

Note: At this time it took 36 out of 54 Senate votes to reach the 2/3 majority.

William “Bill” Clinton42nd President of the United StatesPaula Jones and Monica Lewinsky Kenneth Starr Impeachment

4 Articles 2 passed the House: Perjury and Obstruction of

Justice 2 did NOT pass the House: Article II and Article IV

Supreme Court Justice William Rehnquist Honorable Edward Pease (R-IN)

Clinton VoteHouse Judiciary Committee

Charge Yes by Party No by Party

Perjury 21 Republicans 16 Democrats

Obstruction of Justice

21 Republicans 16 Democrats

Article II 20 Republicans 17 Democrats ; 1 Republican

Article IV 21 Republicans 16 Democrats

Clinton VoteHouse of Representatives

Charge and Vote

Yes by Party No by Party

Not Voting

Perjury 228-206 223 Rep; 5 Dem 5 Rep; 200 Dems; 1 Ind

1 Dem

Obstruction of Justice 221-212

216 Rep; 5 Dem 12 Rep; 199 Dem; 1 Ind

2 Dem

Article II 205-229

200 Rep; 5 Dem 28 Rep; 200 Dem; 1 Ind

1 Dem

Article IV 148-285

147 Rep; 1 Dem 81 Rep; 203 Dem; 1 Ind

2 Dem

Clinton VoteSenate

Charge and Vote Yes by Party No by Party

Perjury 45-55 45 Rep 45 Dem; 10 Rep

Obstruction of Justice 50-50

50 Rep 45 Dem; 5 Rep

Richard M. Nixon37th President of the United StatesRepublicanWatergate and Tapes Executive privilege and US vs. NixonImpeachment

Only House Judiciary 3 Articles

Obstruction of Justice Abuse of Power Defiance of Subpoenas

Resignation

Nixon VoteHouse Judiciary Committee

Charge and Vote Yes by Party No by Party

Article I 27-11 21 Dem; 6 Rep 11 Rep

Article II 28-10 21 Dem; 7 Rep 10 Rep

Article III 21-17 19 Dem; 2 Rep 2 Dem; 15 Rep

ClosingExplanation of what we have observed in

regards to impeachment in the House and acquittal in the Senate

What should be grounds for Impeachment:TreasonBriberyHigh Crimes and Misdemeanors

Questions and AnswersFinal Thoughts

Books to Consider Impeachment: A Handbook by Charles L. Black Jr. The Impeachment and Trial of Andrew Johnson by Michael

Les Benedict The Impeachment and Trial of Andrew Johnson by David

Miller Dewitt An Affair of State: The Investigation, Impeachment, and

Trial of President Clinton by Richard A. Posner Our Monica, Ourselves: The Clinton Affair and the National

Interest by Lauren Berlant and Lisa DugganAbuse of Power: The New Nixon Tapes by Stanley I. Kutler U.S. v. Richard Nixon: The Final Crisis by Frank

Mankiewicz Grand Inquests: The Historic Impeachments of Justice

Samuel Chase and President Andrew Johnson by William H. Rehnquist

Thank YouHave a Wonderful Political Science experience

with Dr. Lewis and Huntingdon CollegeHave a Happy Holiday SeasonSafe Travels

Larry M. NewtonCell:334-303-9074

Email: [email protected] (or)[email protected]