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1 (October 30, 1998)

handle is hein.crs/crsabch0001 and id is 1 raw text is: 98-898 A
October 30, 1998

Impeachment Grounds:
Part 5: Selected Douglas/Nixon Inquiry Materials
Charles Doyle
Senior Specialist
American Law Division

Summary

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 material prepared in
connection with the impeachment inquiries involving Justice Douglas and President
Nixon. It is the fifth 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
Douglas Inquiry
Rep. Gerald Ford
Conduct of Associate Justice Douglas
...What, then, is an impeachable offense?
The only honest answer is that an impeachable offense is whatever a majority of the
House of Representatives considers to be at a given moment in history; conviction results
from whatever offense or offenses two-thirds of the other body considers to be sufficiently
serious to require removal of the accused from office. Again, the historical context and
political climate are important; there are few fixed principles among the handful of
precedents.
I think it is fair to come to one conclusion, however, from our history of
impeachments: a higher standard is expected of Federal judges than of any other civil
officers of the United States.
The President and Vice President, and all persons holding office at the pleasure of
the President, can be thrown out of office by the voters at least every 4 years. To remove
them in midterm-it has been tried only twice and never done-would indeed require
crimes of the magnitude of treason and bribery. Other elective officials, such as Members

Congressional Research Service **** The Library of Congress

CRS Report for Congress
Received through the CRS Web

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