Speech: The Constitution, Impeachment, and the Trump Presidency

8 Pages Posted: 18 Nov 2019

See all articles by Robert A. Sedler

Robert A. Sedler

Wayne State University Law School

Date Written: November 01, 2019

Abstract

Our Eighteenth Century Constitution was supposed to operate without political parties, but today we have a very strong two-party political system and a Nation that is polarized along partisan political lines. Everything that happens with respect to the current impeachment proceedings against President Trump reflects the interaction between our eighteenth century Constitution and the two-party political system. Moreover, the Supreme Court has held that all questions relating to impeachment constitute a textually demonstrable constitutional commitment to the Congress, so that the courts are not involved in the impeachment process in any way whatsoever. In this speech, I will briefly review the two-party political system and the enormous powers of the American President. I will then explain the constitutional process of impeachment and the respective roles of the House of Representatives and the Senate in that process. I will follow that with a review of the Johnson, Clinton and Nixon impeachments and discuss the operation of partisan politics in those impeachments. I will conclude with a discussion of the current impeachment proceedings involving President Trump.

Suggested Citation

Sedler, Robert A., Speech: The Constitution, Impeachment, and the Trump Presidency (November 01, 2019). Wayne State University Law School Research Paper No. 2019-64. Available at SSRN: https://ssrn.com/abstract=3489207 or http://dx.doi.org/10.2139/ssrn.3489207

Robert A. Sedler (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

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