We are witnessing an unprecedented moment in American politics in which impeachments are increasingly common. In today’s partisan environment, it is more vital than ever that government officials, scholars, and ordinary citizens understand what an impeachment can reasonably be expected to accomplish. In this incisive and accessible book, Keith Whittington provides needed clarity on the constitutional power of impeachment, explaining why it exists and how it should be used to preserve American democracy.
Drawing insights from American and British history, congressional practice, and the language of the Constitution itself, Whittington shows how impeachment is a tool for checking abuses of elective office and defending constitutional norms. While we have come to associate impeachment with the presidency, it can be used to remedy gross misconduct by an array of officers of the federal government. Whittington cautions against abusing this immense and consequential power to settle political scores, demonstrating how it undermines the independence of the branches and makes Congress the seat of political power.
Required reading for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems.
Keith E. Whittington is the David Boies Professor of Law at Yale Law School and a visiting fellow at the Hoover Institution. His books include Speak Freely: Why Universities Must Defend Free Speech and Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (both Princeton).
"Timely. . . . Written with a commendably cool head, Whittington’s book will be a key guide for legal experts as well as lay readers."—Kirkus Reviews
"[A] very engaging work. . . . Highly recommended for any reader interested in American government and politics."—Library Journal
“A truly exceptional contribution to the literature on impeachment. Whittington shows how impeachment is indeed about politics, but it must be a high constitutional politics that calls on elected officials to exercise the responsible judgment on which the health of democratic institutions ultimately depends. There is no doubt that this indispensable treatment of the subject will, as it should, find a wide audience in the nation’s capital and beyond.”—Bob Bauer, author of The Unraveling: Reflections on Politics without Ethics and Democracy in Crisis
“As presidential impeachments descend to the realm of normal politics, many Americans are asking what impeachments are really for and how they work. This is the perfect book to answer those questions: nonpartisan, historically informed, reliable, and readable. Keith Whittington has done the country a favor.”—Michael W. McConnell, author of The President Who Would Not Be King: Executive Power under the Constitution
“A timely and penetrating treatment of the impeachment power in the United States from one of the nation’s foremost legal minds. Keith Whittington synthesizes the long history and rivaling rationales into a comprehensive new look at this extraordinary power. Essential reading for anyone interested in impeachment theory and practice.”—Jonathan Turley, The George Washington University Law School