Impeachment of Clinton&Johnson
The Federalist Papers were written by Alexander Hamilton, James Madison, and John Jay in order to garner support for the soon to be Constitution of the United States. In 65, Hamilton discusses the powers of the senate in relation to the impeachment process. The Senate is designated as "sufficiently dignified" and "sufficiently independent" since it is able to remain "unawed and uninfluenced", and therefore, able to preserve "the impartiality" between accused and accuser/s. Yet in the impeachment trials of both Presidents Johnson and Clinton, the Senate proved to be anything but "uninfluenced" as politics came into play during both cases. During his reintegration of the South into the union, Johnson made enemies of an influential faction in the Republican Party, the Radicals. They believed that their goals could only be achieved once the president had been removed from office. Many other Republicans had been offended with his leniency towards the former Confederate States, forcing them to cooperate with the Radicals, yet impeachment seemed to drastic a measure. Two attempts of impeachment were made, but they resulted in failure. The action of President Johnson that led directly to his impeachment was his deliberate violation of
"The charges in the two Articles of Impeachment do not permit the conviction and removal from office of a duly elected President. The President has acknowledged conduct with Ms. Lewinsky that was improper. But Article II, Section 4 of the Constitution provides that the President shall be removed from office only upon "Impeachment for, and Conviction of, Treason, Bribery or other high Crimes and Misdemeanors." The charges in the articles do not rise to the level of "high Crimes and Misdemeanors" as contemplated by the Founding Fathers, and they do not satisfy the rigorous constitutional standard applied throughout our Nation's history. Accordingly, the Articles of Impeachment should be dismissed." On May 16, 1868, the Senate began voting on the eleven articles of impeachment. Thirty-five Senators voted to convict. Thus, Johnson failed to be removed by one vote, thirty-six votes--a two-thirds majority--being needed to convict. Twelve Democrats and seven Republicans voted for acquittal. Enough Senate Republicans had pledged they would vote to acquit if necessary to prevent the two-thirds majority necessary for conviction "because they feared that removing a president over what was essentially a policy disagreement would set a dangerous precedent for the future."(Donald Shafffer) The Tenure of Office Act would later be repealed in 1887 and ruled unconstitutional in 1926 by the Supreme Court. Arguments arose on whether the issue was a moral issue rather than impeachable one and whether public figures were entitled to private lives. To many, there had never been a true case against Clinton due to lack of evidence that his actions proved to be a threat to national security. Unlike Andrew Johnson, Bill Clinton had public support even after the scandal had been made public. In addition, the American people twice elected Clinton. "For a majority in Congress to r
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Approximate Word count = 1259
Approximate Pages = 5 (250 words per page double spaced)
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