Abstract
When the delegates to the constitutional convention met in Philadelphia over the summer of 1787, the government they envisioned to replace the failed confederacy was one of enlarged but limited powers. Among the innovations to effectuate that vision was the creation of an Executive Magistracy endowed with broad powers to see to the faithful execution of the laws enacted by the bicameral congress. These powers would be centered in one individual, the newly created President of the United States.
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Notes
Ibid., 33–34; Richard M. Pius, “Impeaching the President: The Intersection of Constitutional and Popular Law,” St. Louis Law Journal, (1999) vol. 43: 871
Kurland, Watergate and the Convention, 111–112; Daniel H. Pollitt, “Sex in the Oval Office and Cover-Up under Oath: Impeachable Offense?” North Carolina Law Review (1998) vol. 77:262
Judge Pickering was removed on the basis of his insanity despite his incapacity to form the mens rea required for criminality. Judge Humphreys was removed in 1862 for his support of the armed rebellion against the United States. Judge Swayne was removed for having obtained funds from the United States by false pretense, despite his counsel’s argument that only acts “in the actual administration of justice” would support impeachment. David Y. Thomas, “The Law of Impeachment in the United States,” American Political Science Review (1908) vol. 2: 381–382.
Frank O. Browman and Stephen L. Sepinuck, “High Crimes and Misdemeanors”: Defining the Constitutional Limits on Presidential Impeachment, Southern California Law Review, vol. 72 (1999) 1532.
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© 2010 H. Lowell Brown
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Brown, H.L. (2010). Conclusion. In: High Crimes and Misdemeanors in Presidential Impeachment. Palgrave Macmillan, New York. https://doi.org/10.1057/9780230102255_5
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DOI: https://doi.org/10.1057/9780230102255_5
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