President Bill Clinton’s year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict.
In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran–Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner’s experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton’s impeachment ordeal.
The Clinton scandal consumed the better part of a year of American public life, bitterly dividing the nation and culminating in a constitutional crisis. In this book, thoughtful, nonpartisan essays provide an insightful and lasting analysis of one of the major political events of our time.
Here leading scholars explore the long-reaching constitutional and political implications of the scandal: how it will affect the presidency, the law, and the political process. A first group of chapters considers effects of the scandal on institutions: the presidency, Congress, the courts, the independent counsel statute, executive privilege, and the impeachment process itself. A second section addresses political factors: public opinion, the media, and presidential character and personality. A concluding essay broadly examines the implications of the scandal for governance.
These far-reaching essays address such issues as risks posed to Congressional political careers, the prospect of future presidents being subject to civil suits, the pros and cons of Kenneth Starr's investigation, the role of the media in breaking and then shaping the story, and ways of reforming the system to handle the unacceptable private behavior of future presidents.
A provocative book for readers concerned with how our government copes with such a challenge, and an essential reader for courses on the presidency or American government, this collection will stand the tests of both time and rigorous analysis.
“Sunstein has written the story of impeachment every citizen needs to know. This is a remarkable, essential book.” —Doris Kearns Goodwin
As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public’s responsibility. One route the Constitution provides for discharging that duty—a route rarely traveled—is impeachment.
Cass R. Sunstein provides a succinct citizen’s guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people’s role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the “high crimes and misdemeanors” delineated in the republic’s foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers’ controversial decision to install an empowered executive in a nation deeply fearful of kings.
With an eye toward the past and the future, Impeachment: A Citizen’s Guide considers a host of actual and imaginable arguments for a president’s removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.
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