How Impeachment Works

Gerhardt, Michael J.

Journal: Missouri Law Review

Volume: 87

Year: 2022

Bluebook Citation: 87 MO. L. REV. (2022)

Author: Michael J. Gerhardt: all 50 publications


Abstract

Presidential impeachments test nearly everyone. Whereas constitutional adjudication largely tests the limits and powers of governmental institutions, presidential impeachments do that and more. They test whether and how members of Congress may fulfill their oaths to do “impartial justice according to the laws and Constitution of the United States;” whether, or to what extent, presidents have abused their powers; how well the American public and media understand the stakes and issues involved in the impeachment process; and to what extent Article III courts refrain from reviewing any aspect of impeachment trials. A popular concern for most observers and commentators during the two impeachments of Donald Trump was that these institutions – particularly Congress, the President, and the media – failed the American people and the Constitution.

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