"[T]he lesson from the Clinton impeachment is that purely partisan impeachments for offenses like lying under oath about a sexual affair, that don't really shake the Republic and threaten our ability to abide by the rule of law in general; that those kinds of impeachments are going to fail in the Senate and only embolden and empower the acquitted president. So Clinton's popularity just soared after the impeachment was rejected by the Senate. The Andrew Johnson impeachment is rather different. In that one, where he came within one vote of being convicted, most historians have concluded that the impeachment was terribly partisan, that it wasn't based on any real abuse. The basic charge on which he was impeached was his decision to fire the , , without the consent of the Senate, in violation of... the Tenure of Office Act. Now that was a technical basis that was cooked up, and it wasn't a very good one, because the... Act, not long afterward was struck down as unconstitutional. The president should not have to consult the Senate for firing a cabinet member. But there was a good reason that could have been used in his case. He was fundamentally trying to undo the Union victory in the Civil War. He was unwilling to pursue Lincoln's program of Reconstruction and he was going to be essentially open to all but re-enslaving African-Americans. His programs.. policies... practices showed that he was ripping the country apart, rather than helping to cement the Union that Lincoln had successfully preserved. That wasn't a crime, but it was what the constitution elegantly calls a high crime or misdemeanor and if he had been charged with that... a conviction in the Senate would have been more likely, and more appropriate. So the lesson... is that we should revisit our history, and not simply take the standard views of it as automatically right, and that we should be careful when we use the impeachment power to frame the right reasons for going after a president who has fundamentally broken his compact with the American people and his oath under the constitution."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Academics from the United StatesLawyers from the United StatesEducators from the United StatesLegal scholarsLegal writers
Original Language: English
Available Languages (1)
Sources
9:23
https://en.wikiquote.org/wiki/Laurence_Tribe
Revision History
No revisions have been submitted for this quote.
Categories
Laurence Tribe
99 quotes on TrueQuotesView all quotes by Laurence Tribe →
Related Quotes
"American Constitutional Law... final chapter... "The Problem of State Action," grappled with one of the most perplexi…"
"I think it very important that you view the vacancy created by Justice Souter's resignation as an opportunity to lay …"
"That body of materials, unlike the Constitution itself, is massive and continuously growing... and changing... Many c…"
"For all these reasons, I hope you will reach the conclusion that Elena Kagan should be your first nominee to the Cour…"
"It's easy to underestimate how much difference David Souter's analytical prowess and historical command have made wit…"
"[I]t's easy to forget how much difference the public face of the Supreme Court can make in advancing a humane and yet…"
"When Justice Stephens leaves, you might consider... about whom... I know less than I'd like... or someone like Kathle…"
"[M]y reference to an "invisible" Constitution should not be confused with the way some... are prepared to disregard a…"
"For the Souter seat, I can't think of anyone nearly as strong as Elena Kagan, whose combination of intellectual brill…"
"[T]here are plenty of things besides private action that the Constitution is "not about.""