Tuesday, January 21, 2020

Black & Bobbitt: "High Crimes & Misdemeanors"

“Treason” and “bribery” are crimes, whether committed by the president or by anyone else. Is the meaning of the phrase “high Crimes and Misdemeanors” limited to ordinary crimes? Can a president lawfully be impeached and removed only for conduct which would also be punishable crime for anybody? Some have contended for this interpretation. It would be easeful to be able to adopt it, because the vague phrase “high Crimes and Misdemeanors” would thus be lent all the precision of the statute book; agonized attempts properly to limit it, while at the same time leaving it properly ample scope, would be avoided. But I cannot think it remotely possible that this interpretation is right.
Black, Charles L., Jr. & Bobbitt, Philip, Impeachment: A Handbook, New Edition (pp. 30-31). Yale University Press. Kindle Edition.

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