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49 Wash. L. Rev. 255 (1973-1974)
Impeachment

handle is hein.journals/washlr49 and id is 265 raw text is: REVIEW

IMPEACHMENT
Arthur Bestor*
IMPEACHMENT: THE CONSTITUTIONAL PROBLEMS. By
Raoul Berger. Cambridge, Mass.: Harvard University Press, 1973.
Pp. xiv, 345. $14.95.
For the first time since the administration of Andrew Johnson, the
impeachment of a President of the United States has emerged into the
realm of the thinkable and the possible. One indication of this is the
fact that public sentiment on the matter is now routinely assessed in
opinion polls.1 Raoul Berger's treatise, Impeachment: The Constitu-
tional Problems, is therefore exceedingly timely. It would be a gross
mistake, however, to think of the book as a mere tract for the times. It
is a comprehensive and scholarly analysis, both historical and legal, of
the crucial issues posed by this rarest but most momentous of all pros-
ecution and trial procedures.
The range and depth of Professor Berger's learning is most impres-
sive. Though concerned with 20th century problems of impeachment
in the United States, he chooses as a starting point the English Statute
or Declaration of Treasons of 1352, promulgated almost a century
and a half before the discovery of America. Six hundred years of
Anglo-American constitutional history are thus brought to bear upon
a complex of interrelated problems. The author amasses evidence
and offers penetrating comment on such diverse and perplexing ques-
* Professor of History, University of Washington. Ph.B., Yale University, 1930,
Ph.D., 1938; M.A., Oxford University, 1956; LL.D., Lincoln University, 1959. In
1956-57 Mr. Bestor was Harmsworth Professor of American History at Oxford and in
1967 Fulbright Visiting Professor of American History at Tokyo University. Before
coming to the University of Washington he served on the faculties of Yale, Columbia,
Stanfoid, Wisconsin and (for fifteen years) the University of Illinois. Mr. Bestor's arti-
cles in the field of constitutional history include: The American Civil War as a Constitu-
tional Crisis, 69 AM. HISTORICAL REV. 327 (1964); State Sovereignty and Slavery: A
Reinterpretation of Proslavery Constitutional Doctrine, 1846-1860, 54 J. ILL. ST.
HISTORICAL Soc'Y 117 (196 1). He is also the author of books on other aspects of American
history and on educational problems.
1. See, e.g., TIME, Sept. 10, 1973, at 18-19.

255

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