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Government,
Constitutional Law

Nov. 15, 2019

The Constitution and the impeachment power

The Founders created the impeachment power as the method to remove presidents for “treason, bribery, or other high crimes and misdemeanors.” But the Constitution only sets forth a few mandates for how impeachment is to be carried out.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

The Constitution and the impeachment power
Impeachment hearings take place on Wednesday, Nov. 13, 2019 (New York Times News Service)

The Constitutional Convention of 1787 focused on how America would be structured and governed. The Founders were intensely concerned about foreign interference in American politics. In the Federalist Paper 68, Alexander Hamilton saw this looming danger when he wrote of "the desire of foreign powers to gain an improper ascendant in our councils." In 1796, President George Washington in his farewell address to the country warned of the "insidious wiles of foreign influe...

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