The Law U.S. Law Constitutional Grounds for Presidential Impeachment

Constitutional Grounds for Presidential Impeachment

Constitutional Grounds for Presidential Impeachment
Catalog # SKU1721
Publisher TGS Publishing
Weight 1.00 lbs
Author Name Rodino


Constitutional Grounds
Presidential Impeachment

The Rodino Report
Includes the Rarely Published
30 page Appendix
With Supplemental Material Added

Peter Rodino

This rarely seen report was prepared for the House of Representatives prior to the impeachment proceedings prepared for Richard Nixon. It has been called for again in the House in possble preparations for the impeachment of George W. Bush and/or Richard Cheney.

This book shows the depth of tyranny and oppression the current presidency has put the USA under. Why then have they not impeached? Begin to understand the depth of betrayal of our Constitution and rights by politicians adhering to the party line, rather than their oath of office.

This edition is larger print and includes a rarely published 30 page appendix. TGS has added the text of the Articles of Impeachment against Andrew Johnson, Nixon, Clinton, Bush, and Cheney. A facsimile of the House edition is included, also.


On February 6, 1974, the House of Representatives by a vote of 410 to 4 "authorized and directed" the Committee on the Judiciary "to investigate fully and completely whether sufficient grounds exist for the House of Representatives to exercise its constitutional power to impeach Richard M. Nixon, President of the United States of America."

To implement the authorization (H. Res. 803) the House also provided that "For the purpose of making such investigation, the committee is authorized to require ... by subpoena or otherwise ... the attendance and testimony of any person ... and ... the production of such things; and ... by interrogatory, the: furnishing of such information, as it deems necessary to such investigation."

This was but the second the in the history of the United States that the House. of Representatives resolved to investigate the possibility of impeachment. of a President. Some 107 years earlier the House had investigated whether President Andrew Johnson should be impeached. Understandably, little attention or thought has been given the subject of the presidential impeachment process during the intervening years. The Inquiry Staff, at the request of the Judiciary Committee, has prepared this memorandum on constitutional grounds for presidential impeachment. As the factual investigation progresses. it will become possible to state more specifically the constitution, legal and conceptual framework within which the staff and the Committee work.

Delicate issues of basic constitutional law are involved. Those issues cannot be defined in detail in advance of full investigation of the facts. The Supreme Court of the United States does not reach out, in the abstract, to rule, on the constitutionality of statutes or of conduct. Cases must be brought and adjudicated on particular facts in terms of the Constitution. Similarly, the house does not. engage in abstract, advisory or hypothetical debates about the precise nature of conduct that calls for the exercise of its constitutional powers; rather, it must await full development of the facts and understanding of the events to which those facts relate.

What is said here does not reflect any prejudgment of the facts or any opinion or inference respecting the allegations being investigated. This memorandum is written before completion of the full and fair factual investigation the House directed be undertaken. It is intended to be a review of the precedents and available interpretive materials, seeking general principles to guide the Committee.

This memorandum offers no fixed standards for determining whether grounds for impeachment exist. The framers did not write a fixed standard. Instead they adopted from English history a standard sufficiently general and flexible to meet future circumstances and events, the nature and character of which they could not. foresee. The House has set in motion an unusual constitutional process, conferred solely upon it. by the Constitution. by directing the Judiciary Committee to "investigate fully and completely whether sufficient grounds exist. for the House of Representatives to exercise its constitutional power to impeach." This action was not partisan. It was supported by the overwhelming majority of both political parties. Nor was it. intended to obstruct or weaken the presidency. It was supported by Members firmly committed to the need for a strong presidency and a healthy executive branch of our government. the House of Representatives acted out of a. clear sense of constitutional duty to resolve. issues of a. kind that immure familiar constitutional processes are unable to resolve.

To assist the Committee in working toward that resolution, this memorandum reports upon the history, purpose and meaning of the constitutional phrase, "Treason, Bribery, or other high Crimes and Misdemeanors."



I. Introduction

II. The Historical Origins of Impeachment

A. The English Parliamentary Practice
B. The Intention of The Framers
1. The Purpose of the Impeachment Remedy
2. Adoption of "High Crimes and Misdemeanors"
3. Grounds for Impeachment
C. The American Impeachment Cases
1. Exceeding the Powers of the Office
2. Behaving in a Manner Grossly Incompatible
3. Employing the Power of the Office For An Improper Purpose

III. The Criminality Issue

IV. Conclusion

Appendix A Proceedings of the Constitutional Convention, 1787
Selection, Term & Impeachment of the Executive
Single Executive
Selection of the Executive
Term of the Executive
Jurisdicion of the Judiciary to Try Impeachments
Reelection of the Executive
Selection, Reelection And Term Of The Executive
Impeachment Of The Executive
Selection of the Executive
Provisions in the Draft of August 6
Extradition: "High Misdemeanor"
Forum for Trial of Impeachments
Selection of the President
Adoption of High Crimes and Misdemeanors"
Trial of Impeachments by the Senate
Committee on Style and Arrangement
Suspension Upon Impeachment

Appendix B American Impeachment Cases

1. Senator William Blount (1797-1799)
2. District Judge John Pickering (1803-1804)
3. Justice Samuel Chase (1804-1805)
4. District Judge James H. Peck (1830-1831)
5. District Judge West H. Humphreys (1862)
6. President Andrew Johnson (1807-1868)
7. District Judge Mark H. Delahay (1873)
8. Secretary Of War William W. Belknap (1876)
9. District Judge Charles Swayne (1903-1905)
10. Circuit Judge Robert W. Archbald (1912-1913)
11. District Judge George W. English (1925-1926)
12. District Judge Harold Louderback (1932-1933)
13. District Judge Halsted L. Ritter (1933-1936)

Appendix C Secondary Sources on the Criminality Issue

The Trial of Andrew Johnson

Impeachment of Richard M. Nixon

Barbara Jordan's Opening Statement (1974)

Impeachment of William J. Clinton

Articles of Impeachment against George Walker Bush

Articles of Impeachment against Richard B. Cheney

Facsimile of Document In House of Representatives

Softcover, 7¾" x 10¾", 190+ pages

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