Book Review: Impeachment: The Constitutional Problems, 74 COLUM. L. REV. 131 (1974)
The founding fathers did not hastily adopt the impeachment provision'
of the Constitution. They were fully familiar with the way that the English
Parliament had utilized the impeachment process to curb the powers of the
monarchy and to establish parliamentary supremacy. And they deemed it
essential that the impeachment institution be available to the Congress as an
instrument for protecting both constitutional government and the people, in an
ultimate showdown, against gross abuse of power by the Chief Executive.
The basic English model was therefore incorporated into the Constitution,
with the House having the power to move impeachment by majority vote
and the Senate to try the issues and convict upon two-thirds vote.
Date of Authorship for this Version
Emerson, Thomas I., "Book Review: Impeachment: The Constitutional Problems" (1974). Faculty Scholarship Series. Paper 2791.