Cornell Law Library - Federal Impeachment Process by Thomas C. Kingsley (A Bibliographic Guide)

The Federal Impeachment Process
A Bibliographic Guide
to English and American Precedence,
Historical and Procedural Development,
and Scholarly Commentary

Thomas C. Kingsley
Revised edition by Joseph Luke (July 1998)
Cornell Law Library
Cornell University Libraries
Ithaca, New York 14853
May, 1974

Back to the CLL Impeachment Guide Home Page

ACKNOWLEDGMENT FROM THE ORIGINAL EDITION

I wish to thank all of the individuals who have encouraged this project. I am especially grateful to D. Alan Diefenbach, Robert L. Oakley, Madeline C. Oakley, and Marie Whited for their invaluable criticism and advice; Margaret Bailey for her assistance in organization; and, of course, to Mr. Harry Bitner for the inspiration and example that he continues to offer young librarians.

PREFACE TO THE ORIGINAL EDITION

Federal Impeachment is designed to reach the most powerful public officials and to protect our institutions of government. It is one remedy that is available in order that the body politic may express its intolerance for such abrogation of duty, misconduct, or violation of some public trust, that may have been committed by the President, Vice President, or any Civil Officer of the United States.

It is clear that Impeachment is a political process more than a legal one. It is characterized by political possibilities rather than the clearly measured principles and remedies of law. Our Constitution provides only the authority for Impeachment. It has left the question as to what may be an impeachable offense to the Congress, to the people. The Impeachment process, then, especially when it involves the President of the United States, deeply involves us all.

What is provided in this compilation is a cogent path through the most important components of this process. Attention has been given to the historical development of Impeachment, the complex procedure that has evolved, the nature of an impeachable offense as revealed through specific English and American cases of Impeachment, and the various discussions of Impeachment by legal scholars and historians. This is the material that continues to be cited in practically every discussion of Impeachment, whether it be through monograph, journal article, government report, or newspaper editorial. Lawyers, government officials, and historians who have been most directly involved with the Federal Impeachment process, whether through actual cases or scholarly interest, would consider this material to be the most important.

Practically all of the following items are available in Cornell University Libraries, and especially, in the Cornell Law Library. The various call numbers have been provided, as well as the means whereby additional information may be accessed.

It is felt that this compilation will be of significant value to undergraduates, graduates, teachers, lawyers, and to the general public.

NOTE ON THE UPDATE

The updater has tried to keep as much of the original work and format as possible. Since the original included information on impeachment at a time leading up to President Nixon's resignation, many of the items noted in the supplementary literature may not be readily available. The review of the literature is divided into two parts, dividing it by its chronological relation to Watergate (1974 and before; after 1974). Some of the articles after 1974 may concentrate more on analysis of the issues surrounding the separation of powers clause, or special prosecutors, which have often entered into scholarly considerations of impeachment. Two small sections have been added. One section notes important cases, the other includes Internet sites of possible interest to researchers.

DEFINITIONS

The verb impeach, derived from the French, empęcher, literally means to prevent or hinder; also, to accuse, to impute some fault or defect to. An act of impeachment would entail a "calling in question or discrediting as purity of motives, rectitude of conduct, credibility, etc." Cf. WEBSTER'S 3d NEW INTERNATIONAL DICTIONARY OF THE ENGLISH LANGUAGE 1961.

In the realm of evidence, impeachment might involve the calling into question the veracity of a particular witness. But it is also used to denote a criminal proceeding, or process, brought against a public officer, instituted by a written accusation (i.e., "Articles of Impeachment"), and before a competent tribunal. In England, it is the privilege of the House of Commons to impeach, and the right of the House of Lords to determine impeachment. In the United States, the former is vested in the House of Representatives, while the responsibility of Judgment rests with the Senate. Cf. BLACK'S LAW DICTIONARY. 6th ed., St. Paul, West, 1990 LAW KF 156 B62 1990

ENGLISH LAW IMPEACHMENT PRECEDENTSAND THE EVOLUTION OF THE UNITED STATES IMPEACHMENT PROVISIONS

Part I

Holdsworth, Sir William Searle. A HISTORY OF ENGLISH LAW. 17 Vols., London, Methuen, 1903-66.

This edition is thoroughly indexed, for Impeachment, generally, consult Vol. 17, General Index, p. 254. See especially, Vol. pp. 379-383: " the Jurisdiction Now Existing," " the Origin of Impeachments," " the Constitutional Importance of Impeachments," and " the Disuse of Impeachments." KF536.H72 H4.

THE DIGEST: ANNOTATED BRITISH, COMMONWEALTH AND EUROPEAN CASES. 48 Vols., London, Butterworth, 1990.

For references and annotations to actual cases of Parliamentary Impeachment, and where these cases are reported, consult Vol. 36(2), p. 220 (notes 1698-1714). KD296.E52.

Blackstone, Sir William. COMMENTARIES ON THE LAWS OF ENGLAND. 4 Vols., Boston, Beacon Press, 1962. Consult Vol. 4, "Of Misprisions and Contempts Affecting the Sovereign and Government," Ch. IX; "Of Courts of Criminal Jurisdiction," Ch. XIX; "Trial by High Courts of Parliament," Ch. XVII, Sect. IV. LAW KD 600 B63 1962.

Hatsell, John. PRECEDENTS OF PROCEEDINGS IN THE HOUSE OF COMMONS. 4 Vols., London, Luke Hansard, 1818. See especially, Vol. 4, "Relating to Conference and Impeachment," pp. 56-487.

LAW Inquire at Reference Desk.

Russell, Sir William. RUSSELL ON CRIME. 2 Vols., London, Stevens, 1958

This treatise was originally published in 1819, under the title: A TREATISE ON CRIMES AND MISDEMEANORS. LAW Inquire reference Desk.

Part II

Farrand, Max. Ed. THE RECORDS OF THE FEDERAL CONVENTION OF 1787. 4 Vols., New Haven, Yale University Press, 1937. The Index in Vol. 4 affords comprehensive treatment of Impeachment as discussed during the Convention. All of the various plans for an Impeachment clause, as well as the provisions for the establishment of a federal judiciary and judicial tenure, are easily accessed (Cf. commentary by William Mason, James Madison, Gouverneur Morris, Alexander Hamilton and Benjamin Franklin.) It may be of special interest to trace the impeachment provision from the date of its original phrasing on July 20 ("...to be removable on impeachment and conviction for malpractice or neglect of duty," Vol. II, p. 64), to the final version accepted on September 8 (Vol. II, p. 550). LAW KF 4510 1911 and 1937 (Index Volume).

Koch, Adrienne, Ed., NOTES OF DEBATES IN THE FEDERAL CONVENTION OF 1787, REPORTED BY JAMES MADISON. Athens, Ohio, Ohio University Press, 1966. Unfortunately, this text is without an index. However, entries noted on the following pages may prove helpful: 331, 334-5, 383, 386, 392-3, 574, 579, 605-6. Another way in which to locate Madison's notes on Impeachment is to consult the corresponding date of entry as indicated in the FARRAND edition, noted above. LAW KF 4513 U58.

Hamilton, Alexander, James Madison and John Jay. THE FEDERALIST. Cambridge, Mass., Belknap Press, 1966. See especially the following numbers by James Madison: 44, 48, 51; and by Alexander Hamilton: 65, 78. LAW KF 4515 F29 1966a.

E11iot, Jonathan. DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION OF THE FEDERAL CONSTITUTION. 5 Vols., Philadelphia, J.B. Lippincott, 1896. LAW KF 4510 E46 1896.

Storey, Joseph. COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES. 5th ed., 2 Vols., Boston, Little, Brown, 1891. LAW KF 4528 S88 1891.

IMPEACHMENT PROVISIONS OF THE UNITED STATES CONSTITUTION

The House of Representatives shall chuse [sic] their Speaker and other Officers; and shall have the sole Power of Impeachment." ARTICLE I, SECTION 2, CLAUSE 5.

"The Senate shall have the sole Power to try all Impeachments. When sitting for the Purpose, they shall be on Oath. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be Convicted without the Concurrence of two thirds of the Members present." ARTICLE I, SECTION 3, CLAUSE 6.

"Judgement in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of Honor, Trust, or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgement, and Punishment, according to Law." ARTICLE I, SECTION 3, CLAUSE 7.

"[The President] shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." ARTICLE II, SECTION 2, CLAUSE 1.

"The President, Vice President, and all Civil Officers of the

United States, shall be removed from Office on Impeachment for, and

Conviction of, Treason, Bribery, or other high Crimes and

Misdemeanors."

ARTICLE II, SECTION 4.

"The Judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior...

ARTICLE III, SECTION 1.

"...the Trial of all crimes, except in cases of Impeachment, shall be by jury."

ARTICLE III, SECTION 2.

There are numerous editions of the Constitution of the United States. Certainly one of the most worthy is THE CONSTITUTION OF THE UNITED STATES OF AMERICA: ANALYSIS AND INTERPRETATION, Library of Congress ea., Washington, Government Printing Office, 1996. This text is complete with case annotations, analysis and comment.

LAW KF 4527 U58 C6 1996

Updates beyond 1996 may be accomplished through one of the annotated codes, e.g., in the CONSTITUTION volumes of the UNITED STATES CODE ANNOTATED. St. Paul, West, 1968.

LAW KF 62 1927 W51

DOCUMENTARY SOURCES OF FEDERAL IMPEACHMENT

Since 1789, more than fifty Impeachment proceedings have been initiated in the House of Representatives. However, only fifteen cases have reached the Senate; and of the fifteen, only one involved a President. Two of the cases were dismissed on jurisdictional grounds, six ended in acquittal and seven in conviction.

WILLIAM BLOUNT, UNITED STATES SENATOR

IMPEACHED:1797

CHARGED: Attempting to seduce an Indian agent from performing his duty and trust.

REPORTED 1797-99 ANNALS OF CONGRESS Cols. v, vi, xii, xiii, (Index), and Cols. 2244-2416 (Trial).

LAW KF 35 U58,

REPORTED: HINDS' PRECEDENTS OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES,

INCLUDING REFERENCES TO PROVISIONS OF THE

CONSTITUTION, THE LAWS, AND DECISIONS OF THE UNITED STATES SENATE. III: 2294-2318. Washington, Government Printing Office, 1907.

LAW KF 4992 H66 1935 B.C.

This edition, in 5 volumes, by Ascher C. Hinds, was originally published by authority of the Act of Congress approved March 4, 1907. Authority was given to Clarence A. Cannon in 1921 to expand the series to 11 Volumes, hence: CANNON'S PRECEDENTS OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES INCLUDING REFERENCES TO THE PROVISIONS OF THE CONSTITUTION, THE LAWS, AND DECISIONS OF THE UNITED STATES SENATE. 6 Vols. Washington, Government Printing Office, 1935-41. However, the series is numbered consecutively 1-11 (Vole. 9-11 are an index-digest to the complete work), and has been cataloged as one work. It is normally cited as HINDS'-CANNON'S PRECEDENTS OF THE HOUSE OF REPRESENTATIVES, and hereinafter will be cited as simply HINDS'-CANNON'S.

JUDGMENT:United States Senator is not subject to Impeachment.

JOHN PICKERING, FEDERAL JUDGE

IMPEACHED: 1803

CHARGE: Misconduct in a trial and being on the Bench while intoxicated

REPORTED: 1803 ANNALS OF CONGRESS Cols. v, viii, xv (Index);

1803 ANNALS OF CONGRESS 315-367 (Trial).

LAW KF 35 U58.

REPORTED: III HINDS'-CANNON'S 23L9-2341.

LAW KF 4992 H66 1935 B.C.

JUDGMENT: Removed from office.

SAMUEL CHASE, ASSOCIATE JUSTICE OF THE SUPREME COURT

IMPEACHED: 1804

CHARGE: Misconduct in trials impairing the confidence and respect for the courts.

REPORTED:1804-05 ANNALS OF CONGRESS Cols. iii, viii, xxi (Index); Cols.92-676 (Trial).

LAW KF 35 U58.

REPORTED: III HINDS '-CANNON' S 2342-2363.

LAW KF 4992 H66 1935 B.C.

JUDGMENT: Acquitted.

See also Chase, Samuel. TRIAL OF SAMUEL CHASE, AN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES, IMPEACHED BY THE HOUSE OF REPRESENTATIVES FOR HIGH CRIMES AND MISDEMEANORS BEFORE THE SENATE OF THE UNITED STATES. Washington City, Samuel H. Smith, 1805. A transcript of the proceedings taken by Samuel H. Smith and Thomas Lloyd.

JAMES H. PECK, FEDERAL DISTRICT JUDGE

IMPEACHED: 1826

CHARGE: Misconduct in office by misuse of contempt power.

REPORTED: REPORT OF THE TRIAL OF JAMES H. PECK. Boston, Hilliard, Gray, 1833.

This publication has the proceedings of the trial in full; unfortunately, THE DEBATES OF CONGRESS give them in a very fragmentary form.

LAW Special Collection, Inquire at Reference Desk.

REPORTED: III HINDS'-CANNON'S 2364-2384.

LAW KF 4992 H66 1935 B.C.

JUDGMENT: Acquitted.

WEST H. HUMPHREYS, FEDERAL DISTRICT JUDGE

IMPEACHED: 1862

CHARGE: Supported secession of Tennessee and acted as a Judge of a District Court of the Confederate States of America.

REPORTED:1861-62 CONGRESSIONAL GLOBE Pt. 4, 2942-2955 (Trial).

LAW KF 35 U582.

REPORTED: III HINDS '-CANNON 'S 2385-2397. LAW KF 4992 H66 1935 B.C.

JUDGMENT: Removed from office and disqualified to hold any office of trust, honor, or profit under the United States.

ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES

IMPEACHED: 1868

CHARGE: That he removed Edwin M. Stanton from the Office as Secretary of War contrary to an Act of Congress, and that he criticized Congress in speeches.

REPORTED: 1868 CONGRESSIONAL GLOBE Pt. 2, pp. cxl-cxli (Index); 1868 SUPPLEMENT TO CONGRESSIONAL GLOBE: THE PROCEEDINGS OF THE SENATE SITTING FOR THE TRIAL OF ANDREW JOHNSON (Trial). LAW KF 35 U582.

REPORTED: III HINDS '-CANNON 'S 2408-2443.

LAW KF 4992 H66 1935 B.C.

JUDGMENT: Acquitted.

WILLIAM W. BELKNAP, SECRETARY OF WAR

IMPEACHED: 1876

CHARGE: That he received about six thousand dollars per year for several years in consideration for appointing and continuing in office a post trader at Fort Sill.

REPORTED: IV CONGRESSIONAL RECORD 44th Congress, 1st Session, Index

to Pts. 1-6, pp. 22, 202; IV CONGRESSIONAL RECORD PT. 7

TRIAL OF WILLIAM W. BELKNAP.

LAW KF 35 U582.

REPORTED: III HINDS'-CANNON'S 2444-2468.

KF 4992 H66 1935 B.C.

JUDGEMENT: Acquitted.

CHARLES SWAYNE, FEDERAL DISTRICT JUDGE

IMPEACHED: 1903

CHARGE: Padding expense accounts; using railroad property in receivership for his personal benefit; misusing contempt power.

REPORTED: 39 CONGRESSIONAL RECORD Index to Pts. 1-4, p. 300; 39

CONGRESSIONAL RECORD 1281 et seq. (Trial).

LAW KF 35 U582.

REPORTED: III HINDS'-CANNON's 2469-2485

LAW KF 4992 H66 1935 B.C.

JUDGMENT: Acquitted.

ROBERT W. ARCHIBALD, JUDGE, UNITED STATES COMMERCE COURT

IMPEACHED: 1912

CHARGE: Misconduct including personal profits, free trips to Europe, improper appointment of Jury Commissioner.

REPORTED: 48 CONGRESSIONAL RECORD Index to Pts. 1-12, p. 23; 49 CONGRESSIONAL RECORD Index to Pts. 1-5, pp. 12-13.

LAW KF 35 U582.

REPORTED: VI HINDS '-CANNON 'S 498-512

LAW KF 4992 H66 1935 B.C.

JUDGMENT: Removed from office, disqualified hereafter from holding office of trust or profit under the United States.

GEORGE W. ENGLISH, FEDERAL DISTRICT JUDGE

IMPEACHED: 1926

CHARGE: Abuse of judicial power, bringing disrepute upon the administration of justice, misbehavior in office in the extension of partiality and favoritism, oppressive and tyrannical conduct while on the Bench, etc.

REPORTED: 66 CONGRESSIONAL RECORD Pt. 6, p. 65 (Index); 67 CONGRESSIONAL RECORD Pt. 12, p. 158 (Index); 68 CONGRESSIONAL RECORD Pt. 6, pp. 9, 77 (Index).

LAW KF 35 U582.

REPORTED: VI HINDS'-CANNON'S 544-5.

LAW 4992 H66 1935 B.C.

JUDGMENT: Respondent having retired from office, the Managers recommended that impeachment proceedings be discontinued in the Senate.

HAROLD LOUDERBACK, FEDERAL DISTRICT JUDGE.

IMPEACHED: 1932

CHARGE: Appointing incompetent receivers and allowing them excessive fees.

REPORTED: 75 CONGRESSIONAL RECORD Pt. 15, p. 380 (Index); 77

CONGRESSIONAL RECORD Pt. 7, pp. 163-4 (Index).

LAW KF 35 U582

REPORTED: VI HINDS'-CANNON'S 513-524.

LAW KF 4992 H66 1935 B.C.

JUDGMENT: Acquitted.

HALSTED L. PITTER, UNITED STATES DISTRICT COURT JUDGE

IMPEACHED: 1936

CHARGED: Participating in champertous proceedings brought before him for a cash consideration; practicing law while serving as a Federal Judge; preparing and filing false income tax return

REPORTED: 80 CONGRESSIONAL RECORD Pt. 11, pp. 324-5 (Index); 80

CONGRESSIONAL RECORD Pt. 5, pp. 4971-5004 (Trial).

LAW KF 35 U582.

JUDGMENT: Removed from Office.

WILLIAM 0. DOUGLAS, ASSOCIATE JUSTICE OF THE SUPREME COURT

Although Justice Douglas was never impeached, a formal investigation of charges was undertaken by The House of Representatives Committee on the Judiciary in 1970. The documents relevant to this investigation were published in three reports; these reports are cited below in "GOVERNMENT DOCUMENTS." See also, 116 CONGRESSIONAL RECORD Pt. 34, p. 336 (Index). LAW KF 35 U582.

RICHARD M. NIXON, PRESIDENT OF THE UNITED STATES

Although Nixon was never impeached, the Committee on the Judiciary voted to recommend to the House of Representative three articles of impeachment. The committee debates and votes took place July 26, 1974 through July 30, 1974. The President resigned before the House of Representatives voted on the articles.

CHARGE: The President knowingly interfered with and obstructed the investigation of the Watergate break-in, attempted to misuse the CIA, FBI and IRS in order to surveil citizens of the United States illegally, maintained his own secret investigative unit which engaged in covert, unlawful activity and failed to produce subpoenaed documents and other things.

REPORTED: Congress published the hearings before the Committee on the Judiciary: Statement of Information: HEARINGS BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NINETY-THIRD CONGRESS, SECOND SESSION PURSUANT TO H. RES. 803 A RESOLUTION AUTHORIZING AND DIRECTING THE COMMITTEE ON THE JUDICIARY TO INVESTIGATE WHETHER SUFFICIENT GROUNDS EXIST FOR THE HOUSE OF REPRESENTATIVES TO EXERCISE ITS CONSTITUTIONAL POWER TO IMPEACH RICHARD M. NIXON PRESIDENT OF THE UNITED STATES OF AMERICA, Washington, Government Printing Office, 1974. This material includes 10 books for the statement of information, three books of testimony by witnesses and a volume of presidential statements in response, transcripts of eight of President Nixon's taped conversations, etc. LAW KF 28 J8 93^rd

A compact work containing the final committee debates and votes is: THE IMPEACHMENT REPORT: A GUIDE TO CONGRESSIONAL PROCEEDINGS IN THE CASE OF RICHARD M. NIXON, PRESIDENT OF THE UNITED STATES. New York, New American Library, 1974. Olin E 861 I34 1974.

All of the various statements, motions, resolutions and material relating to this investigation can be accessed by means of the CONGRESSIONAL RECORD INDEX, Vol. 119, Nos. 155162, 93d Congress, 1st session (1974) and succeeding numbers. These entries are located under the heading "President of the United States." The issues of the INDEX are found at LAW KF 35 U582.

HARRY E. CLAIBORNE FEDERAL DISTRICT COURT JUDGE

IMPEACHED: 1986

CHARGE: Willfully and knowingly failed to file a true and correct Federal tax return for calendar years 1979 and 1980. Through the tax evasion convictions, betrayed the trust of the people of the United States and reduced confidence in the integrity and impartiality of the judiciary, thereby bringing disrepute on the Federal courts and the administration of justice by the courts and as convicted felon was unfit for duty on the bench.

REPORTED: Impeached by the House of Representatives reported in 132 CONGRESSIONAL RECORD H4710-21 (daily ed. July 22, 1986), and removed from office by the Senate, reported 132 CONGRESSIONAL RECORD S15759-62 (daily ed. Oct. 9, 1986) The Senate Impeachment Trial Committee reported its proceedings in Sen. Rpt. No. 99-812 (1986). LAW KF 35 U582

ALCEE L. HASTINGS FEDERAL DISTRICT COURT JUDGE

IMPEACHED: 1989

CHARGE: Engaging in a conspiracy to receive a bribe in order to change the sentence of a convicted felon, improperly disclosing information on wiretapping; falsely testifying at his criminal trial; betraying the trust of the people and undermining their confidence in the judicial system.

REPORTED: PROCEEDINGS OF THE UNITED STATES SENATE IN THE IMPEACHMENT TRIAL OF ALCEE L. HASTINGS, A JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. Sen. Rprt. 101-18 (1989). LAW KF 34

See also:

PROCEDURE FOR IMPEACHMENT TRIAL OF U.S. DISTRICT JUDGE ALCEE L. HASTINGS IN U.S. SENATE. Sen. Rpt. 101-1 (1989). LAW KF 34

DOCUMENTS RELATING TO THE IMPEACHMENT PROCEDURE: IMPEACHMENT OF JUDGE ALCEE L. HASTINGS: CONSTITUTIONAL AND STATUTORY PROVISIONS; RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON IMPEACHMENT TRIALS; ARTICLES OF IMPEACHMENT AGAINST JUDE ALCEE L. HASTINGS; JUDGE HASTINGS' ANSWER, AND REPLICATION OF THE HOUSE OF REPRESENTATIVES. Sen. Doc. 101-3 (1989). LAW KF 34

IMPEACHMENT OF JUDGE ALCEE L. HASTINGS: MOTIONS OF JUDGE ALCEE L. HASTINGS TO DISMISS ARTICLES I-XV AND XVII OF THE ARTICLES OF IMPEACHENT AGAINST HIM AND SUPPORTING AND OPPOSING MEMORANDA. Sen. Doc. 101-4 (1989). LAW KF 34

REPORT OF IMPEACHMENT TRIAL COMITTEE ON ARTICLES AGAINST JUDGE ALCEE L. HASTINGS. Sen. Rpt. 101-156. LAW KF 34

JUDGMENT: Removed from office

WALTER L. NIXON, JR. FEDERAL DISTRICT COURT JUDGE

IMPEACHED: 1989

CHARGE Committing perjury before a grand jury and being guilty of an impeachable offense.

REPORTED: House of Representatives action reported May 10-11, 1989, and action in the Senate November 2-3, 1989. 135 Congressional Record Part 23 (index), p. 1951. House actions reported H8814-24, H8818-21. Senate action reported S14493-517, S14633-39. KF 35 U582.

See also: REPORT OF IMPEACHMENT TRIAL COMMITTEE ON ARTICLES AGAINST JUDGE WALTER L. NIXON, JR. Sen. Rpt. 101-164 (1989);. and CONSTITUTIONAL PROVISIONS; RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON IMPEACHMENT TRIALS; ARTICLES OF IMPEACHMENT AGAINST JUDGE WALTER L. NIXON, JR.; JUDGE NIXON'S ANSWER; AND REPLICATION OF THE HOUSE OF REPRESENTATIVES Sen. Doc. 101-8 (1989), and Sen. Doc. 101-247 (1989). All material found in the law library at KF 34.

JUDGMENT: Removed from office.

COURT CASES

Starting with Watergate, certain features of impeachment procedures (or the special prosecutor) were disputed in court. The most important cases are:

Morrison v. Olson, 487 U.S. 654 (1988), holding that the independent counsel provisions of the Ethics in Government Act are Constitutional (do not violate separation of powers principle, nor Article III clause).

Nixon V. United States, 506 U.S. 224 (1993), held nonjusticeable the question of the Constitutionality of Senate rules allowing committees to hear evidence against impeached persons.

Nixon V. United States 418 U.S. 683 (1974), denied claims of absolute executive privilege to President Nixon in a dispute over subpoenaed tape recordings in the possession of the President.

Clinton V. Jones, 520 U.S. 681 (1998), held that the Constitution does not require that a sitting president finish his term before civil suits may be brought against him.

IMPEACHMENT PROCEDURE

Part I: Basic Procedure and Precedent

The following references are to volume and section of HINDS '-CANNON 'S PRECEDENTS OF THE HOUSE OF REPRESENTATIVES, op. cit., "DOCUMENTARY SOURCES". Each of the Impeachment Procedures herein discussed is presented in conjunction with a particular case of Impeachment.

INITIATION OF IMPEACHMENT.

III: 2050, 2051, 2053, 2294, 2319, 2342, 2364, 2400, 2469, 2486, 2487, 2491, 2494, 2496, 2499, 2515;

VI: 470.

INVESTIGATION OF CHARGES.

III: 1741, 2319, 2342, 2343, 2365, 2376, 2403, 2445, 2471, 2499, 2514, 2516, 2517, 2519;

VI: 499.

IMPEACHMENT VOTED.

The form of the Impeachment Resolution has varied from case to case. Generally, it is submitted thus: "Will the House adopt the articles, as its articles of impeachment, against------------------, -----------."

X: 496-497.

This volume is the INDEX-DIGEST: Cf. p. 496 (80) "Articles of

Impeachment.Consideration in House or Committee of the Whole.''

SELECTION OF MANAGERS.

III: 2031, 2300, 2323, 2345, 2368, 2388, 2417, 2448, 2475.

FOLLOWING IMPEACHMENT, SENATE NOTIFIED BY MESSAGE.

III: 2413, 1446.

HOUSE NOTIFIED THAT SENATE IS READY TO RECEIVE ARTICLES.

III: 2078, 2235, 2345.

MANAGERS PRESENT ARTICLES OF IMPEACHMENT TO SENATE.

III: 2126, 2296, 2302, 2343, 2367, 2370, 2390, 2413, 2420, 2446, 2449, 2473.

MANAGERS REPORT TO HOUSE THE PRESENTMENT OF THE ARTICLES.

III: 2296, 2343, 2413, 2446.

SENATE NOTIFIES HOUSE IT IS ORGANIZED FOR TRIAL.

VI: 502

APPEARANCE OF RESPONDENT.

III: 2127, 2307, 2333, 2349, 2393, 2424.

ANSWERS OF RESPONDENT.

III: 2124, 2310, 2453.

REPLICATION OF HOUSE.

III: 2455.

VI: 506

ATTENDANCE OF HOUSE AT TRIAL.

III: 2354, 2483.

TRIAL PROCEDURE.

III. 2055.

JUDGMENT.

III. 2098.

A comprehensive index and digest to Impeachment can be consulted at X HINDS'-CANNON'S 458 et seq. LAW KF 4992 H66 1935 B.C.

Part II: Additional Material on Impeachment Procedure

Cannon, Clarence.' CANNON'S PROCEDURE IN THE HOUSE OF REPRESENTATIVES. Washington, Government Printing Office, 1939. Cf. "Precedence," Section viii. LAW KF 4992 C22 1939 B.C.

House of Representatives, Committee on the Judiciary, 93d Congress, 2d Session, January, 1974. OLIN KF 5075 A81 I3 1974.

JEFFERSON'S MANUAL AND RULES OF THE HOUSE OF REPRESENTATIVES. House of Representatives, 102nd Congress, 2d Session, (House Doc. 405) 1992. LAW KF 34.

SENATE MANUAL CONTAINING STANDING RULES, ORDERS, LAWS, AND RESOLUTIONS AFFECTING THE BUSINESS OF THE UNITED STATES SENATE. Sen. Doc. 101-1 (1992).

LAW KF 34.

RIDDICK'S SENATE PROCEDURE, Revd. and edited by Alan S. Frumin, Sen. Doc No. 101-28 (1992).

GOVERNMENT PUBLICATIONS

AN ANALYSIS OF THE CONSTITUTIONAL STANDARDS FOR PRESIDENTIAL IMPEACHMENT. James D. St. Clair, et. al. Washington, Government Printing Office, 1974. OLIN KF 5075 A53+ 1974,

ASSISTANT JUSTICE WILLIAM 0. DOUGLAS. Final Report by the Special Subcommittee on House Resolution 920, of the Committee on the Judiciary. House of Representatives, 91st Congress, 2d Session, September 17, 1970. LAW KF 8745 D73 U58 1970.

CONSTITUTIONAL GROUNDS FOR PRESIDENTIAL IMPEACHMENT. Report by the Staff of the Impeachment Inquiry. House of Representatives, Committee on the Judiciary. 93d Congress, 2d Session, February, 1974. LAW KF 4960 A37.

EXTRACTS FROM THE JOURNAL OF THE UNITED STATES SENATE IN ALL CASES OF IMPEACHMENT PRESENTED BY THE HOUSE OF REPRESENTATIVES, 1798-1904. Senate Document 876, 62d Congress, 2d Session, 1912. OLIN 62 II S32 DI:6171.

IMPEACHMENT: SELECTED MATERIALS. House of Representatives, Committee on the Judiciary, 93d Congress, 1st Session, October, 1973. LAW KF 4960 U58.

IMPEACHMENT OF ARTICLE III JUDGES. Hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, One Hundred First Congress Second Session, on S.J. Res. 11, S.J. Res. 232, And S.J. Res. 233, Joint Resolutions Proposing Amendments to the Constitution of The United States with Respect to the Impeachment of Article III Judges, March 21, 1990. United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution. Sen. Hrg 101-1275. KF26 .J8359 1990

THE INDEPENDENCE OF FEDERAL JUDGES. Hearings before the Subcommittee on Separation of Powers, of the Committee on the Judiciary. U.S. Senate, 91st Congress, 2d Session, April, May, 1970. LAW KF 26 J8.

LEGAL AND HISTORICAL PRECEDENTS FOR THE SUBPOENA TO PRESIDENT NIXON FOR DOCUMENTS IN THE WATERGATE CASE. Memorandum by the Staff of the Impeachment Inquiry. House of Representatives, Committee on the Judiciary. 93d Congress, 2d Session, April 11, 1974. LAW Inquire at Reference Desk; Also Olin.

LEGAL MATERIALS ON IMPEACHMENT. Compiled by the Special Subcommittee on House Resolution 920 of the Committee on the Judiciary, House of Representatives, 91st Congress, 2d Session, August 11, 1970. LAW KF 8781 A25 1970.

TRIAL OF GOOD BEHAVIOR OF CERTAIN FEDERAL JUDGES. Hearings before a Subcommittee of the Committee on the Judiciary. U.S. Senate, 77th Congress 1st Session, November 20, 1941. Olin JK 1521 A3 J92 1941.

SCHOLARLY COMMENTARY ON IMPEACHMENT AND ITS DEVELOPMENT

Association of the Bar of the City of New York. THE LAW OF PRESIDENTIAL IMPEACHMENT. New York, Association of the Bar of the City of New York, 1974. LAW KF 5075 A84.

Becker, Karl M. JUDICIAL DISCIPLINE AND REMOVAL. Chicago, American Judicature Society, 1968. LAW KF 8776 Z95 B39.

Berger, Raoul. IMPEACHMENT: THE CONSTITUTIONAL PROBLEMS. Cambridge, Harvard University Press, 1973. Contains extensive bibliography, case table, and comprehensive index. LAW KF 4960 B49.

Berger, Raoul. THE PRESIDENCY AND THE CONSTITUTION IN CRISIS. Tape of lecture de1ivered at Hampshire College, November 30, 1973. Length of tape: 54 minutes. URIS Listening Room CU 249.

Brant, Irving. IMPEACHMENT: TRIALS AND ERRORS. New York, Alfred A. Knopf, 1972. LAW KF 8781 B82.

Corwin, Edward S. COURT OVER CONSTITUTION: A STUDY OF JUDICIAL REVIEW AS AN INSTRUMENT OF POPULAR GOVERNMENT. New York, P. Smith, 1938. OLIN JK 1561 C83.

Corwin, Edward S. THE PRESIDENT. OFFICE AND POWERS. New York, New York University Press, 1957. LAW KF 5051 C83-.

Cramton, Roger C. IMPEACHMENT. WHAT ARE THE ISSUES? Tape of lecture delivered to Cornell University Library Staff Association, November 29, 1973. Length of tape (includes questions from the audience): 1 hour 17 minutes. URIS Listening Room CU 247.

Gerhardt, Michael J. THE FEDERAL IMPEACHMENT PROCESS : A CONSTITUTIONAL AND HISTORICAL ANALYSIS. Princeton, Princeton University Press, 1996. LAW KF 4958 G36 1996.

Hoffer, Peter Charles and N.E.H. Hull. IMPEACHMENT IN AMERICA, 1635-1805. New Haven, Yale University Press, c1984. LAW KF 4958 H69 1984.

Melton, Buckner F.Jr. THE FIRST IMPEACHMENT: THE CONSTITUTION'S FRAMERS AND THE CASE OF SENATOR WILLIAM BLOUNT. Macon, Ga., Mercer University Press, 1998 Olin KF 4961 .B58 M45x 1998.

Rehnquist, William H. GRAND INQUESTS: THE HISTORIC IMPEACHMENTS OF JUSTICE SAMUEL CHASE AND PRESIDENT ANDREW JOHNSON. New York, Morrow, 1992. E302.6.C4 R34 1992

Simpson, Alexander. A TREATISE ON FEDERAL IMPEACHMENTS. Philadelphia, Law Association of Philadelphia, 1916. LAW KF 4960 S61.

Smith, Gaddis. IMPEACHMENT: WHAT ARE ITS ORIGINS, HISTORY AND THE PROCESS BY WHICH IT IS CARRIED OUT?. Washington, Connecticut, Center for Information on America, 1973. LAW Inquire at Reference Desk.

JOURNAL AND LAW REVIEW ARTICLES CONCERNING FEDERAL IMPEACHMENT
1913-1974

Bates, William. "Vagueness in the Constitution: The Impeachment Power," 25 STANFORD LAW REVIEW 908 (1973). LAW KF 10 S82.

Berger, Raoul. "Impeachment A. Bestor. A Countercritique," 49 WASHINGTON LAW REVIEW 255 (1973). LAW KF 10 W324.

Berger, Raoul. "Impeachment of Judges and 'good behavior' Tenure," 79 YALE LAW JOURNAL 1475 (1970). LAW KF 10 Y18.

Berger, Raoul. "Impeachment for 'High Crimes and Misdemeanors'," 44 SOUTHERN CALIFORNIA LAW REVIEW 395 (1971). LAW KF 10 S75.

Berger, Raoul. "President, Congress, and the Courts," 83 YALE LAW JOURNAL 1111 (1974). LAW KF 10 Y18.

Blackmar, Charles B. "On the Removal of Judges: The Impeachment Trial of Samuel Chase," 48 AMERICAN JUDICATURE SOCIETY JOURNAL 183 (1964). LAW KF 10 A53.

Brown, Wrisley, "The Impeachment of the Federal Judiciary," 26 HARVARD LAW REVIEW 684 (1913). LAW KF 10 H34.

Clarke, M.V. "The Origin of Impeachment," in OXFORD ESSAYS IN MEDIEVAL HISTORY (1934). OLIN DA 175 078.

Cotterrell, R.B.M. "Lessons of Impeachment, 124 NEW LAW JOURNAL 784 (1974). LAW K14 E84.

Dougherty, J. Hampden. "Inherent Limitations upon Impeachment," 23 YALE LAW JOURNAL 60 (1913). LAW KF 10 Y18.

Dwight, Theodore. "Trial by Impeachment," 6 AMERICAN LAW REGISTER (N.S.) 257 (1867). LAW KF 10

Ethridge, George H. "Law of Impeachment," 8 MISSISSIPPI LAW JOURNAL 283 (1936). LAW KF 10 M67.

Falcon, Richard V. "High Crimes and Misdemeanors: How, Why, and When to Impeach a President," IV MARYLAND LAW FORUM 49 (1974). LAW KF 292 M32 A78.

Feerick, John D. "Impeaching Federal Judges: A Study of the Constitutional Provisions," 39 FORDHAM LAW REVIEW 1 (1970). LAW KF 10 F71.

Fenton, Paul S. " The Scope of the Impeachment Power," 65 NORTHWESTERN UNIVERSITY LAW REVIEW 719 (1970). LAW KF 10 N89.

Firmage, Edwin Brown. "Law of Presidential Impeachment," 1973 UTAH LAW REVIEW 681 (1973). LAW KF 10 U894.

Firmage, Edwin Brown. "Removal of the President: Resignation and the Procedural Law of Impeachment." 1974 DUKE LAW JOURNAL 1023 (1974) LAW KF 10 D875.

Frankel, Jack E. "Discipline and Removal of Judges," 38 FLORIDA BAR JOURNAL 1033 (1964). LAW KF 200 F63.

Gallo, Jon J. Note. "Removal of Federal Judges: New Alternatives to an Old Problem," 13 UCLA LAW REVIEW 1385 (1966). LAW KF 10 U115.

Goldberg, Arthur .J. "Question of Impeachment," 1 HASTINGS CONSTITUTIONAL LAW QUARTERLY 5 (1974). LAW KF 10 H348.

Gunther, Gerald. "Judicial Hegemony and Legislative Autonomy: The Nixon (U.S. V. Nixon, 94 Sup. Ct. 3090) Case and the Impeachment Process," 22 UCLA LAW REVIEW 30 (1974). LAW KF 10 U115.

Havighurst, Harold C. "Doing Away with Presidential Impeachment: The Advantages of Parliamentary Government," 1974 ARIZONA STATE LAW JOURNAL 223 (1974). LAW KF 10 L3835.

Kramer, Robert, and Jerome A. Brown. "The Constitutionality of Removal and Mandatory Procedures for the Federal Judiciary: The Meaning of 'During Good Behavior'," 36 UNIVERSITY OF CHICAGO LAW REVIEW 665 (1969). LAW KF 10 U652.

Kurland, Philip B. "Constitution and the Tenure of Federal Judges: Some Notes from History," 35 GEORGE WASHINGTON LAW REVIEW 455 (1967). LAW KF 10 G34.

Kurland, Philip B. "Watergate, Impeachment and the Constitution," 45 MISSISSIPPI LAW JOURNAL 531 (1974). LAW KF 10 M67.

Lillich, Richard B. "The Chase Impeachment," 4 AMERICAN JOURNAL OF LEGAL HISTORY 49 (1960). LAW KF 10 A525.

Lydick, J.D. "Tyranny of Impeachment Procedure," 8 NEW YORK UNIVERSITY LAW REVIEW 257 (1930). LAW KF 10 N62.

McWhinney, Edward. "Congress and the Presidency and the Impeachment Power," 7 INDIANA LAW REVIEW 833 (1974). LAW KF 10 I393.

Morgan, Jr., Charles, Hope Eastman, Mary Ellen Gale, and Judith Areen. "Impeachment: An Historical Overview," 5 SETON HALL LAW REVIEW 689 (1974). LAW KF 10 S48.

Nash, Michael L. "English Experience," 124 NEW LAW JOURNAL 223 (1974). LAW K14 E84.

Note. "Exclusiveness of the Impeachment Power under the Constitution," 51 HARVARD LAW REVIEW 330 (1937). LAW KF 10 H34.

O'Donovan, Vincent. "Impeachment," 123 NEW LAW JOURNAL 572 (1973). LAW K14 E84.

Potts, C.S. "Impeachment as Remedy," 12 ST. LOUIS LAW REVIEW 15 (1926). LAW KF 10 S146.

Rankin, R.S. "Is there a Time Limit for Impeachment?" 28 AMERICAN POLITICAL SCIENCE REVIEW 866 (1934). LAW KF 10 A57.

Reinhardt, J.F. "Impeachment Proceedings Against Judge James Hawkins Peck," 12 UNIVERSITY OF KANSAS CITY LAW REVIEW 106 (1944). LAW KF 10 U685.

Riddell, W.R. "Impeachment in England and English Colonies," 7 NEW YORK UNIVERSITY LAW REVIEW 702 (1930). LAW KF 10 N62.

Ross, G.W. "'Good Behavior' of Federal Judges," 12 UNIVERSITY OF KANSAS CITY LAW REVIEW 119 (1944). LAW KF 10 U685.

Sefton, James E. "The Impeachment of Andrew Johnson: A Century of Writing," 14 CIVIL WAR HISTORY 120 (1968). OLIN E461 C58.

Sloan, Jerome S. and Ira E. Garr. "Treason, Bribery or Other High Crimes and Misdemeanors -- a Study of Impeachment," 47 TEMPLE LAW QUARTERLY 413 (1974). LAW KF 10 T28

Stolz, Preble. "Disciplining Federal Judges: Is Impeachment Hopeless?" 57 CALIFORNIA LAW REVIEW 659 (1969). LAW KF 10 C14.

Ten Broek, Jacobus. "Partisan Politics and Federal Judgeship Impeachments Since 1903," 23 MINNESOTA UNIVERSITY LAW REVIEW 185 (1939). LAW KF 10 M66.

Thompson, Frank, and D.H. Pollitt. "Impeachment of Federal Judges: An Historical Overview," 49 NORTH CAROLINA UNIVERSITY LAW REVIEW 87 (1970). LAW KF 10 N867.

Thompson, Fred D. "One Lawyer's Perspective on Watergate," 27 OKLAHOMA LAW REVIEW 226 (1974). LAW KF 10 O42.

Van Hecke, M.T. "Pardons In Impeachment Cases," 24 MICHIGAN LAW REVIEW 657 (1926). LAW KF 10 M62.

Van Valkenberg, William. Note. "God Save the King from Overzealous Subordinates," 1974 UTAH LAW REVIEW 71 (1974). LAW KF 10 U894.

Yankwich, Leon R. "Impeachment of Civil Officers under the Federal Constitution," 26 GEORGETOWN LAW JOURNAL 849 (1938). LAW KF 10 G35.

Walthall, Timothy. Note. "Executive Impeachment: Stealing Fire from the Gods," 9 NEW ENGLAND LAW REVIEW 257 (1974). LAW KF 10 N51.

Wright, Fracis X. Note. "Trial of Presidential Impeachment: Should the Ghost be Laid to Rest?" 44 NOTRE DAME LAWYER 1089 (1969). LAW KF 10 N91.

Ziskind, Martha. "Judicial Tenure in the American Constitution: English and American Precedents," 1969 SUPREME COURT REVIEW 135(1969). LAW KF 10 S955.

1975-1998

Ackerman, Bruce. "Constitutional Politics/Constitutional Law," 99 YALE LAW JOURNAL, 453 (1989). LAW KF 10 Y18.

Amar, Akhil Reed & Neal Kumar Katyal. Commentary. "Executive Privileges and Immunities: the Nixon and Clinton Cases," 108 HARVARD LAW REVIEW 701 (1995). LAW KF 10 H34.

Amar, Akhil Reed & Brian C. Kalt. "The Presidential Privilege Against Prosecution," 2 NEXUS, JOURNAL OF OPINION 11 (1997). LAW KF 10 N73.

Auslander, Rose. Note. "Impeaching The Senate's Use of Trial Committees," 67 NEW YORK UNIVERSITY LAW REVIEW 68 (1992). LAW KF 10 N62.

Baker,Lynn A. Note. "Unnecessary and Improper: The Judicial Councils Reform and Judicial Conduct and Disability Act of 1980," 94 YALE LAW JOURNAL 1117 (1985). LAW KF 10 Y18.

Baron, Alan I. "The Curious Case of Alcee Hastings," 19 NOVA LAW REVIEW 873 (1995). LAW KF 10 N93.

Barr, Bob. "High Crimes and Misdemeanors: the Clinton-Gore Scandals and the Question of Impeachment," 2 TEXAS REVIEW OF LAW AND POLITICS 1 (1997) LAW KF 10 T355.

Danielson, George E. "Presidential Immunity from Criminal Prosecution," 63 GEORGETOWN LAW JOURNAL 1065 (1975). LAW KF 10 G35.

Dick, Barrett. "Researcher's Guide to the 'Watergate Affair'," 71 LAW LIBRARY JOURNAL 77, 266, 420 (1978). LAW Z 675 L2 L411.

Battisti, Frank J. "Independent Judiciary: Or, an Evanescent Dream," 25 CASE WESTERN RESERVE LAW REVIEW 711 (1975). LAW KF 10 C338.

Berger, Raoul. The Founders' Views -- According to Jefferson Powell. 67 TEXAS LAW REVIEW 1033 (1989). LAW KF 10 T353.

Blum, Jennifer L. Comment. "How Much Process Is Due: The Senate Impeachment Trial Process After Nixon V. United States," 44 CATHOLIC UNIVERSITY LAW REVIEW 243 (1994). LAW KF 10 C37.

Blumoff, Theodore Y. "Illusions of Constitutional Decisionmaking: Politics and the Tenure Powers in the Court," 73 IOWA LAW REVIEW 1079 (1988). LAW KF 10 I69.

Breker-Cooper, Steven. "The Appointments Clause And The Removal Power: Theory And Seance," 60 TENNESSEE LAW REVIEW 841 (1993). LAW KF 10 T29.

Broderick, Albert. "Citizen's Guide to Impeachment of a President: Problem Areas," 23 CATHOLIC UNIVERSITY LAW REVIEW 205 (1973). LAW KF 10 C37.

Broyde, Michael J., "Expediting Impeachment: Removing Article III Federal Judges After Criminal Conviction," 17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 157 (1994). LAW KF 10 H334.

Calabresi, Steven G. and Saikrishna B. Prakash. "The President's Power To Execute the Laws," 104 YALE LAW JOURNAL 541 (1994). LAW KF 10 Y18.

Calabresi, Steven G. and Christopher S. Yoo. "The Removal Power: The Unitary Executive During the First Half-Century," 47 CASE WESTERN RESERVE LAW REVIEW 1451 (1997). LAW KF 10 C338.

Carter, Stephen L. "The Political Aspects of Judicial Power: Some Notes on The Presidential Immunity Decision," 131 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1341 (1983). LAW KF 10 U71.

Carter, Stephen L. Comment. "The Supreme Court, 1987 Term: The Independent Counsel Mess," 102 HARVARD LAW REVIEW 105 (1988). LAW KF 10 H34.

Chemerinsky, Erwin. "Controlling Inherent Presidential Power: Providing a Framework For Judicial Review," 56 SOUTHERN CALIFORNIA LAW REVIEW 863 (1983). LAW KF 10 S75.

Chemerinsky, Erwin. "A Paradox Without a Principle: a Comment on The Burger Court's Jurisprudence in Separation of Powers Cases," 60 SOUTHERN CALIFORNIA LAW REVIEW 1083 (1987). LAW KF 10 S75.

Clinton , Robert N. "A Mandatory View of Federal Court Jurisdiction: a Guided Quest For The Original Understanding of Article III," 132 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 741 (1984). LAW KF 10 U71.

Currie, David P. "The Constitution in Congress: The First Congress and the Structure of Government, 1789-1791," 2 UNIVERSITY OF CHICAGO LAW SCHOOL ROUNDTABLE 161 (1995). LAW KF 10 U6535.

Cutler, Lloyd N. "The American Constitutional Tradition of Shared And Separated Powers: Now Is The Time For All Good Men," 30 WILLIAM & MARY LAW REVIEW 387 (1989). LAW KF 10 W71.

Dennis, David W. "Impeachment Revisited," 9 INDIANA LAW REVIEW 578 (1976). LAW KF 10 I393.

Easterbrook, Frank H. "Presidential Review," 40 CASE WESTERN RESERVE LAW REVIEW 905 (1990). LAW KF 10 C338.

Eilberg, Joshua. "Investigation by the Committee on the Judiciary of the House of Representatives into the Charges of Impeachable Conduct Against Richard M. Nixon," 48 TEMPLE LAW QUARTERLY 209 (1975). LAW KF 10 T28.

Engdahl, David E. "John Marshall's 'Jeffersonian' Concept of Judicial Review," 42 DUKE LAW JOURNAL 279 (1992). LAW KF 10 D875.

Fallon, Jr., Richard H. "Some Confusions About Due Process, Judicial Review, And Constitutional Remedies," 93 COLUMBIA LAW REVIEW 309 (1993). LAW KF 10 C66.

Fitschen, Steven W. "Impeaching Federal Judges: A Covenantal and Constitutional Response to Judicial Tyranny," 10 REGENT UNIVERSITY LAW REVIEW 111 (1998). LAW KF 10 R33.

Fitzgerald, Laura S. "Cadenced Power: The Kinetic Constitution," 46 DUKE LAW JOURNAL 679 (1997). LAW KF 10 D875.

Fox, Brendan C. "The Justiciability of Challenges to the Senate Rules of Procedure for Impeachment Trials," 60 GEORGE WASHINGTON LAW REVIEW 1275 (1992). LAW KF 10 G34.

Franklin, Mitchell. "Romanist Infamy and the American Constitutional Conception of Impeachment," 23 BUFFALO LAW REVIEW 313 (1975). LAW KF 10 B92.

Franklin, Mitchell. "Further Considerations Relating to Romanist Infamy and the American Constitutional Conception of Impeachment," 24 Buffalo Law Review 29 (1975). LAW KF 10 B92.

Freedman, Eric M. "The Law as King and the King as Law: Is a President Immune from Criminal Prosecution Before Impeachment?" 20 HASTINGS CONSTITUTIONAL LAW QUARTERLY 7 (1992). LAW KF 10 H348.

Futterman, Stanley N. "Rules of Impeachment," 24 KANSAS LAW REVIEW 105 (1975). LAW KF 10 U675.

Gerhard, Casper. "The Constitutional Organization of the Government," 26 WILLIAM & MARY LAW REVIEW 177 (1985). LAW KF 10 W71.

Gerhardt, Michael J. "The Constitutional Limits to Impeachment and its Alternatives," 68 TEXAS LAW REVIEW 1 (1989). LAW KF 10 T353.

Gerhardt, Michael J. "Rediscovering Nonjusticiability: Judicial Review of Impeachments after Nixon," 44 DUKE LAW JOURNAL 231 (1994). LAW KF 10 D875.

Glennon, Michael J. "The Use of Custom in Resolving Separation of Powers Disputes," 64 BOSTON UNIVERSITY LAW REVIEW 109 (1984). LAW KF 10 B75.

Goldberg, Ira M. "Essay on Raoul Berger's Thesis for Judicial Intervention in the Process of the Removal of the President of the United States," 1975 WISCONSIN LAW REVIEW 414 (1975). LAW KF 10 W815.

Goodrich, Paul. Note. "Presidential Impeachment -- Process, Problems and Proposals," 1975 UTAH LAW REVIEW 199 (1975). LAW KF 10 U894.

Greenfield, Kent. "Original Penumbras: Constitutional Interpretation in The First Year of Congress," 26 CONNECTICUT LAW REVIEW 79 (1993). LAW KF 10 C745.

Gunther, Gerald. "Congressional Power to Curtail Federal Court Jurisdiction: An Opinionated Guide to the Ongoing Debate," 36 STANFORD LAW REVIEW 895 (1984). LAW KF 10 S82.

Gwyn, William B. "The Indeterminacy of the Separation of Powers and the Federal Courts," 57 GEORGE WASHINGTON LAW REVIEW 474 (1989). LAW KF 10 G34.

Heflin. "The Impeachment Process: Modernizing an Archaic System," 71 JUDICATURE 123 (1987). LAW K 10 U21.

Howe, Scott W. "The Prospect of a President Incarcerated," 2 NEXUS, A JOURNAL OF OPINION 86 (1997). LAW KF 10 N73.

Isenbergh, Joseph. Note. "Scope of the Power to Impeach," 84 YALE LAW JOURNAL 1316 (1975). LAW KF 10 Y18.

Jay, Stewart. "Origins of Federal Common Law: Part One," 133 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1003 (1985). LAW KF 10 U71.

Jordan, Barbara. "Testimony Before the House Judiciary Committee," 5 TEXAS JOURNAL OF WOMEN AND THE LAW 161 (1996). LAW KF 10 T35.

Kainec, Lisa A. Comment. "Judicial Review of Senate Impeachment Proceedings: Hands off Approach Appropriate?" 43 CASE WESTERN RESERVE LAW REVIEW 1499 (1993). LAW KF 10 C338.

Kalt, Brian C. Note. "Pardon Me? The Constitutional Case Against Presidential Self-Pardons," 106 YALE LAW JOURNAL (1996). LAW KF 10 Y18.

King, Brett W. "The Use of Supermajority Provisions in The Constitution: The Framers, The Federalist Papers And The Reinforcement of a Fundamental Principle," 8 SETON HALL CONSTITUTIONAL LAW JOURNAL 363 (1998). LAW KF 10 C754.

Lardiere, Eric. Comment. "The Justiciability And Constitutionality of Political Intelligence Gathering," 30 UCLA LAW REVIEW 976 (1983). LAW KF 10 U115.

Lawson, Gary and Christopher D. Moore. "The Executive Power of Constitutional Interpretation," 81 IOWA LAW REVIEW 1267 (1996). LAW KF 10 I69.

Levinson, Sanford. "Constitutional Protestantism in Theory and Practice: Two Questions for Michael Stokes Paulsen and One for His Critics," 83 GEORGETOWN LAW JOURNAL 373 (1994). LAW KF 10 G35.

Lewittes, David I. "Constitutional Separation of War Powers: Protecting Public And Private Liberty," 57 BROOKLYN LAW REVIEW 1083 (1992). LAW KF 10 B914.

Linde, Hans A. "Replacing a President: Rx for a 21^st Century Watergate," 43 GEORGE WASHINGTON LAW REVIEW 384 (1975). LAW KF 10 G34.

Long, Jennifer L. Note. "How to Sue the President: A Proposal for Legislation Establishing the Extent of Presidential Immunity," 30 VALPARAISO UNIVERSITY LAW REVIEW 283 (1995). LAW KF 10 V21.

Luchsinger, Daniel. "Committee Impeachment Trials: The Best Solution?" 80 GEORGETOWN LAW JOURNAL 163 (1991). LAW KF 10 G35.

Matraia, Michael T. NOTE: Running for Cover Behind Presidential Immunity: The Oval Office as Safe Haven from Civil Suits. 29 SUFFOLK UNIVERSITY LAW REVIEW 195 (1995). LAW KF 10 S94.

Maxman, Melissa H. Note. "In Defense of the Constitution's Judicial Impeachment Standard," 86 MICHIGAN LAW REVIEW 420 (1987). LAW KF 10 62.

McNutt, Geoffrey M. and John F. Manning. "Formal And Functional Approaches to Separation of Powers: The Political Cost of Checks And Balances in Nixon v. United States And Morrison v. Olson," 2 GEORGE MASON UNIVERSITY LAW REVIEW 281 (1995). LAW KF 10 G3395.

Melton, Jr. Buckner F. "Federal Impeachment And Criminal Procedure: The Framers' Intent," 52 MARYLAND LAW REVIEW 437 (1993). LAW KF 10 M39.

Mezvinsky, Edward M. and Doris S. Freedman. "Federal Income Tax Evasion as an Impeachable Offense," 63 GEORGETOWN LAW JOURNAL 1071 (1975). LAW KF 10 G35.

Miller, Randall K. "The Collateral Matter Doctrine: The Justiciability of Cases Regarding the Impeachment Process," 22 OHIO NORTHERN UNIVERSITY LAW REVIEW 777 (1996). LAW KF 10 O378.

Miller, Randall K. "Congressional Inquests: Suffocating the Constitutional Prerogative of Executive Privilege," 81 MINNESOTA LAW REVIEW 631 (1997). LAW KF 10 M66.

Nagel, Robert F. "The American Constitutional Tradition of Shared And Separated Powers: a Comment on The Rule of Law Model of Separation of Powers," 30 WILLIAM & MARY LAW REVIEW 355 (1989). LAW KF 10 W71.

Nolan, Beth. "Removing Conflicts from the Administration of Justice: Conflicts of Interest and Independent Counsels Under the Ethics in Government Act," 79 GEORGETOWN LAW JOURNAL 1 (1990). LAW KF 10 G35.

Nunn, Sam. "Judicial Tenure," 54 CHICAGO-KENT LAW REVIEW 29 (1977). LAW KF 10 C52.

Peterson, Todd D. "The Role of the Executive Branch in the Discipline and Removal of Federal Judges," 1993 UNIVERSITY OF ILLINOIS LAW REVIEW 809 (1993). LAW KF 10 U67.

Pushaw, Jr., Robert J. "Justiciability And Separation of Powers: a Neo-Federalist Approach," 81 CORNELL LAW REVIEW 393 (1996). LAW KF 10 C81.

Raven-Hansen, Peter and William C. "From Vietnam to Desert Shield: The Commander in Chief's Spending Power," 81 IOWA LAW REVIEW 79 (1995). LAW KF 10 I69.

Rehnquist, William H. "The American Constitutional Experience: Remarks of the Chief Justice," 54 LOUISIANA LAW REVIEW 1161 (1994). LAW KF 10 L885.

Rehnquist, William H. "The Impeachment Clause: a Wild Card in The Constitution," 85 NORTHWESTERN UNIVERSITY LAW REVIEW 903 (1991). LAW KF 10 N887.

Rehnquist, William H. "Political Battles for Judicial Independence," 50 WASHINGTON LAW REVIEW 835 (1975). LAW KF 10 W324.

Roberts, Clayton. "Law of Impeachment in Stuart England: a Reply to Raoul Berger," 84 YALE LAW JOURNAL 1419 (1975). LAW KF 10 Y18.

Rodino, Jr., Peter W. "The Case For The Independent Counsel," 19 SETON HALL LEGISLATIVE JOURNAL 5 (1994). LAW KF 10 S49.

Rogers, E. Marby and Stephen B. Young. "Public Office as a Public Trust: A Suggestion That Impeachment for High Crimes and Mistdemeanors Implies a Fiduciary Standard," 63 GEORGETOWN LAW JOURNAL 1025 (1975). LAW KF 10 G35.

Rosenbaum, Judith and David L. Lee. "Constitutional Perspective on Judicial Tenure," 61 JUDICATURE 465 (1978). LAW KF 10 A53.

Rotunda, Ronald D. "An Essay on the Constitutional Parameters of Federal Impeachment," 76 KENTUCKY LAW JOURNAL 707 (1988). LAW KF10 K 371.

Safirstein, Peter and Constance O'Keefe. Note. " Fallen Angels, Separation of Powers, And The Saturday Night Massacre: an Examination of The Practical, Constitutional, And Political Tensions in The Special Prosecutor Provisions of The Ethics in Government Act," 49 BROOKLYN LAW REVIEW 113 (1982). LAW KF 10 B914.

Sargentich, Thomas O. "The Limits of The Parliamentary Critique of The Separation of Powers," 34 WILLIAM & MARY LAW REVIEW 679 (1993). LAW KF 10 W71.

Scarborough, Keith A. Note. 'Awful Discretion': The Impeachment Experience in the States," 55 NEBRASKA LAW REVIEW 91 (1975). LAW KF 10 N38.

Schneider, Nicole H. Comment. "Senate Impeachment Trials - to Review or Not to Review, What Would Marshall Do?" 4 SETON HALL CONSTITUTIONAL LAW JOURNAL 237 (1993). LAW KF 10 C754.

Sears, Christopher James. "Student Work: Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity to Boot)," 100 WEST VIRGINIA LAW REVIEW 493 (1997). LAW KF 10 W52.

Shane, Peter M. "Who May Discipline or Remove Federal Judges? A Constitutional Analysis," 142 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 209 (1993). LAW KF 10 U71.

Sidak, J. Gregory. "The President's Power of the Purse," 47 DUKE LAW JOURNAL 1162 (1989). LAW KF 10 D875.

Siegel, Jonathan R. "Suing the President: Nonstatutory Review Revisited," 97 COLUMBIA LAW REVIEW 1612 (1997). LAW KF 10 C66.

Simon, Maria. Note. "Bribery and Other Not So "Good Behavior": Criminal Prosecution as a Supplement to Impeachment of Federal Judges," 94 COLUMBIA LAW REVIEW 1617 (1994). LAW KF 10 C66.

SIXTY-SEVENTH JUDICIAL CONFERENCE OF THE FOURTH CIRCUIT. "The Independent Counsel Process: Is It Broken and How Should It Be Fixed?" 54 WASHINGTON & LEE LAW REVIEW 1515 (1997). LAW KF 10 W32.

Smith, David Todd. Casenote. "Constitutional Law--impeachment Trial Clause--a Claim That Senate Impeachment Rule XI Violates The Impeachment Trial Clause Is a Nonjusticiable Political Question," 25 SAINT MARY'S LAW JOURNAL 855 (1994). LAW KF 10 S148.

Stern, Barry Jeffrey. "Revealing Misconduct by Public Officials Through Grand Jury Reports," 136 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 73 (1987). LAW KF 10 U71.

Sweeney, J.P. Comment. "Presidential Impeachment and Judicial Review," 23 AMERICAN UNIVERSITY LAW REVIEW 959 (1975). LAW KF 10 A59.

Taylor, John A. Note. "Impeachment as Applied to Executive Officers, Or, Can Congress Corner a Crooked Cabinet?" 15 NEW ENGLAND LAW REVIEW 160 (1979-80). LAW KF 10 N51.

Tocklin, Adrian M. "Pennoyer v. Neff: The Hidden Agenda of Stephen J. Field," 28 SETON HALL LAW REVIEW 75 (1997). LAW KF 10 LAW K14 E84.

Tuttle, Elbert P. and Dean W. Russell. "Symposium: Separation of Powers: Preserving Judicial Integrity: Some Comments on the Role of the Judiciary under the 'Blending' of Powers," 37 EMORY LAW JOURNAL 587 (1988). LAW KF 10 J797.

Van Tassel, Emily Field. "Resignations And Removals: a History of Federal Judicial Service--and Disservice--1789-1992," UNIVERSITY OF PENNSYLVANIA LAW REVIEW 333 (1993). LAW KF 10 U71.

Verkuil, Paul R. "The American Constitutional Tradition of Shared And Separated Powers: Separation of Powers, The Rule of Law And The Idea of Independence," 30 WILLIAM & MARY LAW REVIEW 301 (1989). LAW KF 10 W71.

Walton, R. Brent. COMMENT. "We're No Angels: Paula Corbin Jones v. William Jefferson Clinton," 71 TULANE LAW REVIEW 897 (1997). LAW KF 10 T91.

Wilkinson III, J. Harvie. "The Role of Reason in the Rule of Law," 56 UNIVERSITY OF CHICAGO LAW REVIEW 779 (1989). LAW KF U652.

Williams, Jr., Napoleon B. "Historical and Constitutional Bases for the Senate's Power to Use Masters or Committees to Receive Evidence in Impeachment," 50 NEW YORK UNIVERSITY LAW REVIEW 512 (1975). LAW KF 10 N62.

SUPPLEMENTARY MATERIAL ON IMPEACHABLE OFFENSES

NOTE: The material presented below was found in 1974 for the original guide. Prices and availability are not current. They have been left in so that researchers would know of their existence and their distribution.

The following material constitutes points of view that are obviously prejudiced. However, this material does represent a serious attempt on the part of individuals and organizations to articulate what is felt to be the impeachable conduct of certain civil officers.

Brownfeld, Allan C. DOSSIER ON DOUGLAS. Washington, The New Majority Book Club, 1970. LAW KF 8745 D73 B88.

Americans for Democratic Action. THE CASE FOR IMPEACHMENT (1973).

This has not been received by the Library. However, it may be purchased for 25 cents by writing to: Americans for Democratic Action, Suite 704, 1424 16th Street, N.W. Washington D.C. 20036.

Dobrovir, William A., et al., BRIBERY, AND OTHER HIGH CRIMES AND MISDEMEANORS: THE OFFENSES OF RICHARD M. NIXON. New York, Public Issues Press; Quadrangle/ The New York Times Book Co., 1974. LAW KF 5075 B84.

Lurie, Leonard. THE IMPEACHMENT OF RICHARD NIXON (1973).

This may be purchased for 95 cents by writing to: Berkeley Medallion Book Co., Berkeley, California. 94707.

American Civil Liberties Union. WHY PRESIDENT NIXON SHOULD BE IMPEACHED (1973).

This may be purchased for $1.40 by writing to: ACLU, 410 First Street, S.E. Washington D.C. 20003,

AFL-CIO. WHY PRESIDENT NIXON MUST BE IMPEACHED NOW (1973).

This may be received free by writing: AFL-CIO, 815 16th Street, N.W. Washington D.C. 20006.

Williams, James M. and John R. Graham. THE CONSTITUTIONAL BASIS FOR THE IMPEACHMENT OF LYNDON BAINES JOHNSON. Minneapolis, Citizens for Governmental Restraint, 1968. OLIN PAM K 445.

Williams, Julian E. THE CASE AGAINST JUSTICE WILLIAM 0. DOUGLAS, Tulsa, Christian Crusade Publications, 1970. LAW KF 8745 D73 W72.

INTERNET SITES OF INTEREST

For Watergate:
http://www.washingtonpost.com/wp-srv/national/longterm/
watergate/front.htm

Most sites presently available advocating Clinton impeachment are of limited scholarly interest. One that may be an exception: http://www.house.gov/barr/i_.htm

Since this work was updated in July 1998, other relevant Internet sites have been created. These sites were visisted Nov. 11, 1998. The special prosecutor's report may be found on numerous sites, among them are official sites: http://icreport.access.gpo.gov/index.html, and commercial sites, e.g., http://www.boston.com/starr/.

Additional information on impeachment topics are located at http://jurist.law.pitt.edu/impeach.htm, http://www.library.unt.edu/info/willis/govdocs/impeach/impeachpage.html and http://www.law.cornell.edu/background/impeach/impeach.htm.

Up-to-date information on the impeachment process may be found at http://www.house.gov/judiciary/.

RELEVANT INDEXES, SUBJECT HEADINGS AND CLASSIFICATION NUMBERS FOR FURTHER RESEARCH

ELECTRONIC DATABASES: Neither LEXIS nor WESTLAW has a database dedicated to the developments in the possible impeachment of President Clinton, one may search in the databases devoted to White House press releases, presidential documents, general political and legislative news as well as general news databases.

INDEXES: INDEX TO LEGAL PERIODICALS. LAW KF 8 I37 RR/REF.

Access is provided by subject, author, case name. Prior to 1943 Cf. "Impeachment." Following 1943, Cf. "Constitutional Law: U.S. Construction, Operation, and Enforcement of Constitutional Provisions."

CURRENT INDEX TO LEGAL PERIODICALS. LAW KF 8 W31 RR/REF. Cf. "Constitutional Law."

SUBJECT HEADINGS: In addition to "Impeachment," and "Constitutional Law", it may be helpful to consult the following entries in the subject catalog of Cornell Law Library: "Privileges and Immunities," "Recall and Review," "Government Immunity and Liability," "Judiciary," "President of the United States."

LIBRARY OF CONGRESS CLASSIFICATION NUMBERS: KF 4958 - Impeachment Power and Procedure; KF 5075 - Impeachment: President: KF 8781-8782 - Impeachment: Federal Judges

The following paragraph, contained in the unupdated version of the guide, provides suggestions on what names and sources to search for Watergate related information. One should also look at the Washington Post's website on Watergate for original articles and other information on Watergate:
http://www.washingtonpost.com/wp-srv/national/longterm/
watergate/front.htm

A Note on Essays, Editorials and Opinions

Since October, 1973, there has been a wealth of material on impeachment that has appeared in such newspapers as THE NEW YORK TIMES, THE WASHINGTON POST, and in such magazines as TIME, and NEWSWEEK. This material has been given impetus by the present impeachment inquiry being conducted by the Committee on the Judiciary of the House of Representatives into the conduct of Richard M. Nixon, President of the United States. Until the conclusion of this inquiry, extensive material will, no doubt, continue to appear, and may be worthy of inspection. In addition, excerpts of such memoranda, briefs, opinions and reports, as are published by the House of Representatives Committee on the Judiciary, Mr. James D. St. Clair and/or various counsel for The President, will appear in the news media long before this information is made officially available by the Government Printing Office. Moreover, various statements that may be made through the news media, by Congressman Peter W. Rodino, Jr., Chairman of the House Committee on the Judiciary, and Mr. John Doar who heads the inquiry staff will have certain importance in monitoring the progress of this inquiry.

As President Clinton is presently undergoing an investigation, relevant news and analysis may be found in analogous sources (THE NEW YORK TIMES, THE WASHINGTON POST, TIME, NEWSWEEK, etc.).

BOOKS ON PRESIDENT CLINTON

A selection of books that might shed light on the present President Clintons present problems is:

Bartley, Robert L., Ed. WHITEWATER : FROM THE EDITORIAL PAGES OF THE WALL STREET JOURNAL : A JOURNAL BRIEFING. New York: Dow Jones & Co., 1994. Olin E 886 .2 .W48x 1994.

Bugliosi, Vincent. NO ISLAND OF SANITY: PAULA JONES V. BILL CLINTON : THE SUPREME COURT ON TRIAL. New York: Ballantine, 1998. LAW KF228.J66 B84x 1998.

Campbell, Colin. THE U.S. PRESIDENCY IN CRISIS : A COMPARATIVE PERSPECTIVE. New York: Oxford University Press, 1998. A comparative law perspective on presidencies in crises using data from U.S., Great Britain, Canada and Austalia. LAW JK516 .C18 1998.

Cockburn, Alexander and Ken Silverstein. WASHINGTON BABYLON. London ; New York : Verso, 1996. Olin Library E 885 .C63w 1996.

Evans-Pritchard, Ambrose. THE SECRET LIFE OF BILL CLINTON : THE UNREPORTED STORIES. Washington, DC : Regnery Publishing, 1997. Olin E 885 .E93x 1997.

Jackley, John L. BELOW THE BELTWAY : MONEY, POWER, AND SEX IN BILL CLINTON'S WASHINGTON. Washington, D.C.: Regnery, 1996. Olin E 885 .J33x 1996.

Lynch, Timothy. DERELICTION OF DUTY: THE CONSTITUTIONAL RECORD OF PRESIDENT CLINTON. Washington, D.C.: Cato Institute, [1997]. Olin E 885 .L96 1997.

McDougal, Jim and Curtis Wilkie. ARKANSAS MISCHIEF : THE BIRTH OF A NATIONAL SCANDAL. New York: Henry Holt, 1998. Olin F 415 .3 .M38 A3x 1998.

Moldea, Dan E. A WASHINGTON TRAGEDY: HOW THE DEATH OF VINCENT FOSTER IGNITED A POLITICAL FIRESTORM. Washington, D.C.: Regnery, 1998.

Roberts, Robert North and Marion T. Doss, Jr. FROM WATERGATE TO WHITEWATER : THE PUBLIC INTEGRITY WAR . Westport: Praeger, 1997. Olin JK 468 .E7 R558x 1997.

Ruddy, Christopher. THE STRANGE DEATH OF VINCENT FOSTER : AN INVESTIGATION. New York: Free Press, 1997. Olin E 840 .8 .F69 R83x 1997.

Tyrrell, Jr., R. Emmett and "Anonymous". THE IMPEACHMENT OF WILLIAM JEFFERSON CLINTON : A POLITICAL DOCU-DRAMA (As a docu-drama, the updater reiterates it is a work of fiction). Washington, DC : Regnery c1997. Olin PS 3570 Y63 I47x 1997.

Wilson, Brian M. THE LITTLE BLACK BOOK ON WHITEWATER. edited by Timothy D. Jones. Monkton: Myrmidon Press, 1996. Olin Library E 886 .2 .W55x 1996.