Bill Clinton Was No Andrew Johnson- Comparing Two Impeachments
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Bill Clinton Was No Andrew Johnson- Comparing Two Impeachments
BILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsled attention to the only other presidential impeachment in American history, that of Andrew Johnson in 1868. Parallels between the two cases have been drawn to suggest that both were unjustified attacks on the presidency by a partisan Congress. Such comparisons have also suggested that the Clinton Bill Clinton Was No Andrew Johnson- Comparing Two ImpeachmentsImpeachment will result in a weakened presidency, just as the Johnson Impeachment ushered in an era of congressional government in the nineteenth centBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
ury. This paper argues that such comparisons are misguided. Although both impeachments were organized along partisan lines, the Johnson impeachment, uBILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsuarely on the presidency as an Institution. Both the substantive content and the political context of the Johnson impeachment contributed to a weakening of the presidency. The Clinton impeachment, by contrast, is unlikely to have any significant, long-term Institutional implications. A comparison of Bill Clinton Was No Andrew Johnson- Comparing Two Impeachments the two impeachments also counsels against formalistic efforts to further define “high crimes and misdemeanors."A sense of constitutional failure hanBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
gs over the recent impeachment of President William Jefferson Clinton. Although the wisdom of the procedural difficulty of removing a President has beBILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsf the substance of the particular charges against the President, the impeachment also seemed to lack a certain constitutional gravity. The con’ Assistant Professor of PoliUcs, Princeton University. 1 thank Fred Grccnstcln, Michael KJarman, Mark Graber, and Sandy Levinson for their useful comments an Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsd conversations.1See, e.g.. Laurence H. Tribe. And the Winner Is .... N.Y. TIMES. Feb. 12, 1999, atA27.422Mar. 2000]COMPARING TWO IMPEACHMENTS423stituBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
tional discourse surrounding the impeachment was surprisingly thin, and analysis of the impeachment generally emphasized the familiar script of partisBILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentss example of a presidential impeachment, that of Andrew Johnson in 1868. Given the fortunate rarity of presidential impeachments, the search for appropriate standards and procedures for such an event required going back more than a century for adequate precedents.3 * 5 6 But many also looked to the Bill Clinton Was No Andrew Johnson- Comparing Two ImpeachmentsJohnson impeachment for more substantive parallels to current events/ Johnson has once again been portrayed as a martyr to the partisan ambitions of tBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
he Reconstruction-Era Republican Congress.3 The Republican senators who provided the crucial votes to acquit Johnson were once again lauded as “profilBILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsystem of parliamentary government"7 As the process concluded, it was readily pronounced that Clinton’s offenses fell somewhere between the clear case in favor of removing Richard Nixon and the clear mistake of the Johnson impeachment.8 Presidential historian Arthur Schlesinger Jr. has been the most Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsprominent in predicting future constitutional developments2See. e.g., Richard L. Bcrkc, Polls Find Most Americans SUU Oppose Impeachment and Now FrownBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
on the G.O.P., N. Y. TIMES, Dec. 15. 1998. at A24; Howard FIneman & Matthew Cooper. The New Impeachment War. Newsweek, Oct. 10. 1998. at 28: Robert KBILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachments the Johnson impeachment that became a prime source for historical precedents and context for participants in the Clinton Impeachment See WILLIAM H. REHNQUIST. GRAND INQUESTS 199-248 (1992).* See. e.g., Cass R. Sunsteln, Impeaching the President. 147 u. Pa. L. Rev. 279. 281 n.7, 295 (1998): Bruce Ac Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentskerman. What Ken Starr Neglected to Tell Us. N.Y. TIMES, Sept 14. 1998, at A23 (hereinafter Ken stani; Adam Cohen. An Impeachment Long Ago: Andrew JohBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
nson's Saga, TIME, Dec. 21. 1998, at 28: Alan Dershowitz, How Trial of the Century Will Likely Unfoldin the Senate, USA Today. Dec. 21, 1993, at 27A: BILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsing, N.Y. TIMES. Dec. 14, 1998. at A28; Betsy McCaughey Ross, Rehnquist Holds Key to Impeachment, USA TODAY, Oct 19. 1998, at27A.5See, e.g. Ross, supra note 4.“ See Cohen, supra note 4: Robert L. Jackson. The Impeachment Debate. kA. TIMES, Dec. 19, 1998. at A34; Robert A. Jordan, Wanted: An Edmund G Bill Clinton Was No Andrew Johnson- Comparing Two Impeachments. Ross to Save Us from Ourselves, BOSTON GLOBE. Dec. 13, 1998, at D4; David stout. Family of 'Ruined" Senator Recalls a Legacy of Honor, N.Y. Times, JBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
an. 17. 1999. at 31.2 Ackerman, Ken Starr, supra note 4, at A23.6See Ronald Dworkin, The Wounded Constitution. N.Y. REV. BOOKS. Mar. 18.1999, at 8 (quBILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsimpeachment of Andrew Johnson left a wounded, weakened Presidency, one that lasted for many years, and I think the failed Impeachment of Bill Clinton will do the same thing.”9Although there Is little queshon that both the Johnson and Clinton impeachments were organized along party lines,10 the two i Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsmpeachments were otherwise quite dissimilar. Unlike the recent impeachment of Clinton, the Johnson Impeachment featured a rich and substantively ImporBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
tant constitutional debate, demonstrating that partisanship Is not necessarily a barrier to valuable constitutional politics. Recent events have serveBILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentshment.11 Revisiting the Johnson impeachment at this point Is necessary not only to recover the historical significance of those events, but also to clarify the nature of the Impeachment power itself. Although they failed to remove the President from office, the Reconstruction-Era Republicans were fa Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsr more successful in justifying their actions and mobilizing political support for their impeachment effort. They understood, as modern-day congressioBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
nal Republicans did not. that the impeachment power is not a technical instrument for punishing those who commit “Impeachable offenses" but rather is BILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsstract standard of “high crimes and misdemeanors" than with defining the boundaries of presidential power in a republic.An important lesson of the Clinton Impeachment is a9R.W. Apple Jr.. The Fallout of the Trial. N.Y. TIMES, Feb. 13, 1999, at Al (quoting ScWeslnger).10See Partisanship and Impeachme Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsnt, CONG. Researcher. Mar. 19. 1999, at 250. No Democrat voted to support any of the articles of impeachment against Andrew Johnson in either the HousBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
e or the Senate. In the House, Republican support for the articles was unanimous, except for the tenth article from which eleven dissented and seven aBILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachments[hereinafter ImpeachmentI.11See. e.g., BENEDICT. IMPEACHMENT, supra note 10 (offering a reanalysls of Johnson’s impeachment); W.R. BROCK, An AMERICAN Crisis (1963) (discussing the role of Congress In Reconstruction); ERIC F0NER. Reconstruction 176-411 (1988) (analyzing Johnson’s failure during Recon Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentsstruction); ERIC L. McKttrick. ANDREW JOHNSON AND reconstruction (1960) (same): Hansl. TREFOUSSE, impeachment of a president (1975) (same): Michael LeBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
s Benedict. A New Look at the Impeachment of Andrew Johnson. 88 POL. SCI. Q. 349 (1973) (discussing reluctance of Congress to Impeach Johnson): David BILL CLINTON WAS NO ANDREW JOHNSON: COMPARING TWO IMPEACHMENTSKeith E. WhittingtonI. AbstractThe recent impeachment of President Bill Clinton has call Bill Clinton Was No Andrew Johnson- Comparing Two Impeachments2000]COMRARflVG TWO IMPEACHMENTS425warning against an excessive constitutional formalism that emphasizes textual exegesis at the expense of careful deliberation on substantive public values. The example of the Clinton impeachment should not lead us into new efforts to further refine the meaning of t Bill Clinton Was No Andrew Johnson- Comparing Two Impeachmentshe phrase “high crimes and misdemeanors" or to demand that future impeachments be consensual, bipartisan affairs.12 13 Presidential behavior that mighBill Clinton Was No Andrew Johnson- Comparing Two Impeachments
t warrant impeachment is hard to predict beforehand, and the presidency will always attract partisan defenders as well as partisan critics. BipartisanGọi ngay
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