The Special Constitutional Structure of the Federal Impeachment Process

Gerhardt, Michael J.

Journal: Law and Contemporary Problems

Volume: 63

First Page: 245

Year: 2000

Bluebook Citation: 63 LAW & CONTEMP. PROBS. 245 (2000)

Author: Michael J. Gerhardt: all 50 publications


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Abstract

Gerhardt offers a general explanation of the federal impeachment process and relates it to the impeachment of Pres Bill Clinton. The first feature of the constitutional allocation of power for impeachment and removal is that it facilitates and rewards a pragmatic or flexible analysis and impedes a formalistic analysis of the fundamental question at the core of Pres Clinton's impeachment proceedings--whether his conduct constituted a "high Crime or Misdemeanor."

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