BRIAN C. KALT
Michigan State University College of Law
Texas Review of Law and Politics, Vol. 6
Abstract: This article considers the constitutional case for the impeachability of federal officers after they have left office. As a practical matter, while it may rarely be worthwhile to pursue a late impeachment (as with regular impeachment), this does not change the fact that it can be done, or that certain facts may make it desirable. The article principally argues that: (1) Late impeachment was practiced in England and, unlike other aspects of English impeachment, was never explicitly ruled out in America. Indeed, some state constitutions made late impeachability explicit, or even required. (2) Structurally, impeachment is designed not just to remove but to deter, and this effect would be severely undermined if it faded away near the end of a term. Convicted impeachees can be disqualified from future federal office, an important punishment that should not be automatically mooted if the officer resigns or the president removes him. (3) The precedents are mixed, but the Senate has approved late impeachment. Senate opponents of late impeachment have not prevented late trials, and they cannot alter the formal declaration of a majority of the Senate in one case that officers can indeed be impeached after they have left office.
JEL Classifications: K19
Accepted Paper Series
Suggested Citation
Kalt, Brian C., “The Constitutional Case for the Impeachability of Former Federal Officials: An Analysis of the Law, History, and Practice of Late Impeachment” . Texas Review of Law and Politics, Vol. 6 Available at SSRN: http://ssrn.com/abstract=286277 or DOI: 10.2139/ssrn.286277
When an ordinary man with delusions of grandeur gets a partner who is a complete manipulating antisocial self-centered person then all hell can happen. Eight years is enough of these two people. Now they should stand trial for the deaths of well over 500,000 people. I wonder if they would die for this bull they have been promoting for all these years. If they would then I would forgive them…I wish this planet Peace.
Heh! I wish! We did not vote for Bush ya know! He voted for himself about 3 million times by fixing the voting machines in his favor and hiring thugs! And the rest of the world thinks we wanted this monkey faced Jerk! Ah NO WAY! WE KNOW A RAT WHEN WE’VE SEEN HIM AND RAT BOY CHENEY!
Bush is just a puppet of the New World Order. Cheney looks stressed and not healthy!
Yea, and on January 21st, 2009 impeachment could become indictment, but by January 21st, 2009 Bush could have declared marshal law or he could be in Dubai with Cheney counting our money. Chances are that Cheney will have Bush killed as quickly as he can after leaving office. Bush is a liability to Cheney, Silverstein, Blackwater, Hallibruton and the rest. Bush is, after all, the weakest link !!
With a new congress, it could happen between January 1st, 2009 and January 20th, 2009!
With a New Congress, That can happen.