Impeachment Without Crimes: A Constitutional Gray Area

Constitutional scholars and lawyers are grappling with the question of whether President Clinton can be impeached without committing a crime. The process of impeachment is more political than legal, with no rules of evidence and a unclear burden of proof. Impeachment proceedings can be initiated without a president committing a crime, as long as Congress believes the president has acted in a manner that renders them unworthy of trust.

Key Takeaways:

• The process of impeachment is more political than legal, with Congress serving as a purely political venue.
• Impeachment proceedings can be initiated without a president committing a crime, as long as Congress believes the president has acted in a manner that renders them unworthy of trust.
• The Founding Fathers devised the impeachment language to allow Congress to remove a president who acts in a manner that breaches the public's trust.
• Constitutional scholars who argue that a president can only be impeached for criminal activity often refer to the case of Andrew Johnson, who was acquitted by a single vote.
• However, the Andrew Johnson case is not legally binding on current senators, and impeachment can be initiated without a president committing a crime.

Statistics:

• According to Article One of the Constitution, impeachment proceedings can be initiated if the president acts in a manner that breaches the public's trust.
• The Andrew Johnson case resulted in a single vote difference in the Senate.
• The federal perjury law defines criminal perjury as a willful statement about a material matter that the person does not believe to be true.

Sources:

• Federalist 70
• The Constitution of the United States, Article One
• Gregg Jarrett's article in the Knight Ridder/Tribune Information Services archive, 1998.