The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
As their plan contemplated a strong independent executive who would not
hesitate to use the far-reaching powers placed in his hands to defeat
measures which he disapproved of, it was necessary to guarantee him
against popular removal. In this respect again we see both English and
American constitutional practice disregarded, since neither afforded the
desired security of tenure. In the various states the governor was
liable to be impeached by the lower branch of the legislature and
expelled from office when convicted by the senate, which was usually the
court before which impeachment cases were tried. A mere majority in
each house was usually sufficient to convict,[118] and as both houses
were directly elected,[119] it virtually gave the majority of the voters
the power to remove. This was simply an adaptation of the English
practice which allowed a majority of the Commons to impeach and a
majority of the Lords to convict. That this had a strong tendency to
make the legislative body supreme is evident, since the power, if freely
used, would overcome all opposition on the part of either the executive
or the judiciary. Any combination of interests that could command a
majority in both houses of Parliament could thus enforce its policy.
This practically destroyed the executive check in the English
Constitution and for that very reason the founders of our government
rejected it. They clearly saw that to make the President's veto
effective, he would have to be protected in its exercise. To have
adopted the English practice and allowed a mere majority of the Senate
to convict in impeachment cases would have given Congress power to
destroy the President's veto by impeaching and removing from office any
executive who dared to use it. This was guarded against by making, a
two-thirds majority in the Senate necessary to convict any official
impeached by the House. And since this two-thirds majority is one which
in practice can not be obtained, the power to impeach may be regarded,
like the power to amend, as practically non-existent. Only two
convictions have been obtained since the Constitution was adopted. John
Pickering, a Federal district judge, was convicted March 12, 1803, and
removed from office, and at the outbreak of the Civil War a Federal
district judge of Tennessee, West H. Humphreys, who joined the
Confederacy without resigning, was convicted. William Blount was
acquitted in 1798 on the ground that, as a United States senator, he was
not a "civil officer" within the meaning of the impeachment provision of
the Constitution, and so not liable to impeachment. Samuel Chase,
Associate Justice of the United States Supreme Court, President Andrew
Johnson, and Secretary of War, William W. Belknap, would have been
convicted but for the extraordinary majority required in the Senate.
Public-domain text, read in full here on John Shaqi.
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