Bull , 3 U. Chase decided that the Constitution's prohibition of such laws extended only to criminal statutes that make prior conduct a crime, not to civil statutes. Chase also set a precedent by arguing that any law "contrary to the great first principles of the social compact " must be declared void. In his opinion, Chase emphasized that the Constitution limits the ability of legislators to disturb established property rights even when it does not expressly set forth such rights.
Described by Presser as the natural-law basis of the Constitution, this argument broadened the Court's ability to test the constitutionality of legislation. In United States v. Callender , Chase's Trial 65, Whart. Chase also found himself embroiled in highly publicized political controversy for his actions both on and off the bench.
In circuit court decisions in and Chase imposed harsh sentences on Democratic-Republicans who had published opinions critical of Adams's Federalist administration. In several cases Chase worked to keep Anti-Federalists off juries. In the case of John Fries of Pennsylvania, a strong supporter of Jefferson who had led rebellions against federal excise taxes, Chase sentenced the accused to death.
President Adams subsequently set aside the sentence. In the political atmosphere in Washington, D. Chase explained that he objected to recent changes in Maryland law that gave more men the privilege of voting. Such changes as these advanced by Democratic-Republicans, Chase exclaimed, would. This angered Jefferson and other Democratic-Republicans and in the U.
In , the Democratic-Republican—controlled U. Senate moved to impeach Chase. Democratic-Republican senators charged that Chase had been guilty of judicial misconduct and that his partisan acts showed that he lacked political objectivity. The Senate failed to achieve the two-thirds majority necessary to impeach Chase and he remained on the Court until his death. Chase's acquittal set an important precedent for the Court—no Supreme Court justice could be removed simply because of his or her political beliefs.
The failure to impeach Chase allowed Chief Justice Marshall to assert and define the powers of the Court in future decisions with more confidence. It was thus a step in the process of defining the independence of the Supreme Court as one of the three primary branches of U. Chase avoided controversy in his subsequent work on the Court. His near impeachment served as a warning both to him and to other justices to be careful in their choice of words while in office.
As Chase suffered in later years from declining health, Marshall became the most vocal justice and assumed Chase's position as the lightning rod for the Court. Dilliard, Irving. Leon Friedman and Fred L. New York: Chelsea House. Haw, James. What challenges does today's highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct?
For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes--serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties.
For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the "Emoluments Clause" means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials.
Significantly updated, this book will remain the standard work on the federal impeachment process for years to come. V36 Focusing on providing a clear understanding of what the Constitution says about impeachment and how its terms have been applied throughout US history, this text gives readers the perspective they might need to make informed decisions. Impeachment in America, by Peter C.
Hoffer; N. Hull Call Number: KF H63 Sunstein Call Number: KF S84 Unlike President Donald Trump, who declined to testify at his second impeachment trial , Chase decided to speak on his own behalf. The year-old Chase, a signer of the Declaration of Independence, was anxious to defend his honor. He was appointed to the high court in by President George Washington. In the presidential election, Chase openly backed the re-election of President John Adams. One of his goals was to curtail the independence of the courts, especially since five of the six members of the U.
Supreme Court were Federalists. The Senate trial was set for Jan. He had been replaced by George Clinton when Jefferson was re-elected in The lame-duck Burr sought to make the most of his star turn on the Senate stage. The benches were placed on either side of his center-stage chair. After Burr took his chair, Chase approached and bowed.
The justice, who was in ill health, asked for a chair, and an armchair was brought. He rose from his chair and fought back tears as he asked that the trial be delayed so he could prepare his defense. William Plumer wrote in his diary.
The Senate agreed to delay the trial to Feb. This time Chase came forward and asked that he and his lawyers be allowed to read his response to the eight articles of impeachment. In short, he denied the charges. Three of the articles involved writer James Callender, who had been convicted in a district court of violating the notorious Alien and Sedition Acts, outlawing criticism of federal officials.
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