As Trump’s Trial Nears, Here’s a History of Unusual Impeachments
Every month, I write a column for Governing, an online magazine designed for state and local government issues. My columns always focus on the historical origins of our current moment. Or in other words, I look around me, figure out the big issues, then explain the history of that issue.
With the impeachment proceedings beginning next week, many citizens have questions about past impeachments, the constitutional implications, and what precedents they should know about. So I wrote about three past impeachments, explained why they matter and shared what they tell us about our contemporary moment. Here’s an excerpt:
“On Feb. 8, the Senate will begin the second impeachment trial of former President Donald J. Trump. This trial is unprecedented for two reasons: it’s the only time a president has been impeached twice, and it’s the first impeachment trial to occur after a president has left office. But that doesn’t mean unusual or unprecedented impeachments have never happened before. Their history offers a helpful guide for understanding the coming weeks and the constitutional basis for the looming trial.
So many of the legal limitations on the presidency are theoretical and unwritten because they have never been tested. The country is the longest-surviving democracy in the world, but only 45 men have held the highest office (there have been 46 administrations, as Grover Cleveland served two, non-concurrent terms). Forty-five individuals is a relatively small sample size and presidential behavior generally conforms to certain norms and standards, so Americans don’t have to consider new or unprecedented legal questions all that often. We saw this principle tested in the final weeks of President Trump’s administration as he considered a self-pardon. The Constitution doesn’t explicitly address a self-pardon, so legal experts debated its legality, but there will be no definitive answer until an individual attempts to assert this power and it’s challenged in court.
The Constitution also doesn’t explicitly explain the process for impeaching a former president, and it has never been addressed until now…..”
Read the full piece on Governing’s website here.