Dueling Definitions: House Judiciary Committee Grapples with Meaning of "High Crimes and Misdemeanors"

Strategic Insights -

In a heated debate over whether to launch an impeachment inquiry against President Clinton, the House Judiciary Committee found itself ensnared in a partisan duel over the meaning of "high crimes and misdemeanors." As committee members invoked the Founding Fathers, including Alexander Hamilton, James Madison, and George Mason, it became clear that there is no core definition of the term in the historical record.

Key Takeaways:

  • The Judiciary Committee's chief GOP counsel, David Schippers, argued that President Clinton's alleged offenses, including lying under oath and obstruction of justice, would be deemed impeachable under any reasonable definition of "high crimes and misdemeanors."
  • Schippers introduced a new charge, "conspiracy," which frames the Lewinsky case as a matter of crime rather than sex.
  • Committee Democrats, led by John Conyers of Michigan, argued that Clinton's misconduct does not constitute high crimes and misdemeanors, citing Hamilton's Federalist Paper Number 65, which suggests that impeachable offenses should "relate chiefly to injuries done immediately to the society itself."
  • Republicans, led by Charles Canady of Florida, contended that the panel need not define "high crimes and misdemeanors" at this early stage, citing Hamilton's statement that impeachment proceedings cannot be tied down by strict rules.
  • The 1974 Judiciary Committee report on impeachment, which defined impeachable offenses as "a serious abuse of official power, or a serious breach of official duty," was cited by both sides but interpreted differently.
  • The majority party sets the ground rules, as Hamilton noted that decisions on impeachment will be regulated more by the comparative strength of the parties than by real demonstrations of guilt or innocence.

Statistics:

  • 15 separate offenses identified by David Schippers as potential grounds for impeachment
  • 2 mentions of "Federalist Paper Number 65" in the debate, with differing interpretations by Republicans and Democrats
  • 1 new charge, "conspiracy," introduced by Schippers to frame the Lewinsky case as a matter of crime
  • 2 sides of the debate, with each side invoking the Founding Fathers and historical precedent

Sources:

  • The Philadelphia Inquirer, "Dueling Definitions: House Judiciary Committee Grapples with Meaning of 'High Crimes and Misdemeanors'" (September 14, 1998)
  • Original authors of the US Constitution and the 1787 Federalist Papers
  • 1974 Judiciary Committee report on impeachment, referenced in the debate