Book Review: Impeachment: A Citizen's Guide by Cass Sunstein

Cass Sunstein's Impeachment: A Citizens Guide explains the concept of impeachment from a constitutional scholar's perspective that's written in plain English. 

A Citizen's Guide explains the origins of impeachment, a concept that goes back to the English legal system, laws designed to set up parameters for a judge or public official to be removed from their position if they engaged in criminal activity. Sunstein walks the reader through the debates at the 1787 constitutional convention on impeachment. In creating three branches of government (Executive, Legislative, and Judicial) the framers realized there had to be a balance of power. Being well schooled in history, they realized the rise of a tyrant posed the greatest threat to a republic.

At one point the convention favored a committee to act as the Chief Executive, but determined such an arrangement would be too unwieldy. A lone President would allow for decisive leadership. What if a President engaged in illegal activity? What if a President openly broke the law? What if a President colluded with an enemy nation specifically to harm his own? What if a President used the position for financial gain? What if a President used their office to silence political enemies? What if a President was negligent to their assigned duties? Impeachment was placed into the constitution as a remedy.

At the same time, the impeachment process was set up like a gauntlet. Otherwise, Congress could easily remove any President for frivolous reasons. The framers used the term "high crimes and misdemeanors," language that was intentionally ambiguous to warrant an impeachment proceeding. If the House of Representatives determines such criminal offenses have been committed by a President they can vote to impeach. Then the President must go on trial before the Senate, where 2/3 of the members must vote guilty to convict him. In such a case the President would be immediately removed. Knowing impeachment would cause political upheaval, it was made into a step by step process, but always an option on the table.

Only two Presidents in American history have faced an impeachment trial and both were acquitted (Andrew Johnson and Bill Clinton). As Sunstein points out, both of those attempts were partisan and legally questionable. President Richard Nixon faced imminent impeachment and most certainly would've been convicted in the Senate (he was told so by his own Party) so he resigned from office.

Later in the book Sunstein takes the reader though some hypothetical situations. Some are open and shut cases such as a President openly acting in accordance with another country to harm America or offering bribes in return for political support. Other cases are not so clear cut and fall down to legal interpretations, such as a President misleading the American people during a war or an administration infested with corrupt officials.

No reference is made to the brewing constitutional crisis, there's no need. Instead, Sunstein encourages readers to do a thought experiment in neutrality. What if a President you loved and agreed with engaged in blatantly illegal activity? What if a President you despised on ideological grounds was being impeached on questionable legal grounds? Finally, put a blindfold on. You are simply presented with the facts. Then decide.

A worthwhile book, written in the tradition of Tom Paine, that also cuts through the media spin. Sunstein concedes impeachment is a serious matter, heightened in an era of fake news. Public officials must be held up to high standards - otherwise democracy will collapse.