The Origins and Scope of Presidential Impeachment
Abstract
This essay discusses the historical background leading to the inclusion of the impeachment clause in Section 4 of Article II of the U.S. Constitution. In English parliamentary history, American colonial history, and American state constitutions under the Articles of Confederation, considerably varied answers were given to relevant questions. These included: What is impeachment, who is subject to it, what offenses can it reach, who can exercise the power of impeachment and trial, and what penalties can be imposed? The authorconcludes that the history of impeachment provided quite unclear guides to the Constitution’s framers, and the evidence from the Constitutional Convention likewise leaves the framers’ intent as to scope (what is impeachable) quite unclear.Authors who publish with this journal agree to the following terms:
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