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Good question, huh? And so begins Chapter 4 of Charles L. Black's marvelous essay on the subject of impeachment. Black wrote this book when President Richard M. Nixon occupied the White House, yet the clarity of his writing, the reasonableness of his arguments and the vigor of his analysis, still hold true today nearly a quarter of a century later. This edition, republished in 1998, includes an impressive new forward by Prof Akhil Reed Amar of Yale University. If you're looking somewhat bewildered by the goings on Capitol Hill, and by implication, the lead stories on the news, rest assured you're not alone. One moment you hear the House of Representatives' Judiciary Committee recommending four Articles of Impeachment and the next moment you see the House vote to send the President to be tried by the Senate. What gives? You ask.
Black's book takes the reader on a journey in search of the facts relating to impeachment: what it means, where it originated and how we apply tests to determine the case for or against an impeachable offence. Black also examines the role of lawyers and of the Courts.
The author's objective throughout is not so much as to provide the reader with solutions, rather it is to illuminate why certain answers are incorrect. He does this by laying the evidence before the reader, so that the reader has every chance to examine both the evidence and his conscience, prior to arriving at a determination. As in other aspects of life, the book highlights that not all issues are clearly defined, and there is indeed room for some interpretation Irrespective of whether you're keen to turn the first sod in the political grave of the President William Jefferson Clinton, or whether you'd prefer to stand at his side as the United States Senate charges him; Black's essay is lucid, elegant and entertaining. As a contribution to the debate it is invaluable.
The main points I took from this book are that impeachment gravely frays the fabric of American society, and that partisan politics has no place in the process; the linchpin of impeachment is the solemn statesmanship of our congressmen. If another impeachment comes about in my lifetime, I'll let my congressmen know early in the proceedings that I'm counting on them to act without partisan bias.
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For the full review by Josh Chafetz from the December 1998 issue of The Yale Political Quarterly...
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Most people tend to think that the Fourth, Fifth, and Sixth Amendments protect the guilty far more than society. For example, under the Exclusionary Rule, courts must suppress evidence that is obtained unlawfully, even if the suppression results in letting criminals free. (Studies show that in reality, the percentage of cases in which criminals escape prosecution on technicalities is quite low.) Notwithstanding the cries of the ACLU and other defenders of criminal rights (such as Alan Dershowitz), most people probably think this system is crazy.
Professor Amar explains why a common sense approach is in fact the best way to interpret these constitutional rights. His analysis involves both a plain reading of the language of the Amendments (a textual approach) as well as the historical understanding of these rights (a Framers' intent approach). Both ways of looking at the issue confirm his belief that the Supreme Court has made a number of wrong turns throughout the years.
Lay persons will not find this book too difficult or theoretical.