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1 (October 30, 1998)

handle is hein.crs/crsabce0001 and id is 1 raw text is: 98-895 A
October 30, 1998

Impeachment Grounds:
Part 3: Hamilton, Wilson and Story
Charles Doyle
Senior Specialist
American Law Division

Summary

The Federalist Papers
No. 65 (Hamilton)
A well constituted court for the trial of impeachments, is an object not more to be
desired than difficult to be obtained in a government wholly elective. The subjects of its
jurisdiction are those offenses which proceed from the misconduct of public men, or in
other words from the abuse or violation of some public trust. They are of a nature which
may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries
done immediately to the society itself. The prosecution of them, for this reason, will
seldom fail to agitate the passions of the whole community, and to divide it into parties,
more or less friendly or inimical, to the accused. In many cases, it will connect itself with
the pre-existing factions, and will inlist all their animosities, partialities, influence and
interest on one side, or on the other; and in such cases there will always be the greatest
danger, that the decision will be regulated more by the comparative strength of parties
than by the real demonstrations of innocence or guilt, THE FEDERALIST PAPERS, 396-97
(Rossiter ed. 1961).
James Wilson

Congressional Research Service **** The Library of Congress

CRS Report for Congress
Received through the CRS Web

This is a collection of selected background materials pertinent to the issue of what
constitutes impeachable misconduct for purposes of Article II, section 4 of the United
States Constitution quoted below. It includes excerpts from No.65 of the FEDERALIST
PAPERS by Alexander Hamilton, and from the writings of his contemporaries Supreme
Court Justices James Wilson and Joseph Story. It is the third of six segments that
together with footnotes comprise, Impeachment Grounds: A Collection of Selected
Materials, CRS Report 98-882.
The President, Vice President and all Civil Officers of the United States, shall be
removed from Office on impeachmentfor, and Conviction of Treason, Bribery, or other
high Crimes and Misdemeanors. U.S.Const. Art. II, §4

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