Cass SunsteinThinkers

Impeachment is an act that need neither require an actual crime, and is primarily about gross neglect or abuse of power. That’s central, Sunstein said, because it makes clear two important points about when impeachment is proper: First, it need not require an actual crime; and second, it is primarily about gross neglect or abuse of power.

Impeachment is based on impeachable offenses, which concern the abuse or violation of some public trust. They are of a political nature, as they relate chiefly to injuries done immediately to society itself.

Impeachment is based on opaque language and odd wording as a result of a debate in the Constitutional Convention whereby Hamilton advocated for a unitary executive.

Impeachment is justified not by a single lie, but if you have a systematic liar who is lying all the time, then we’re in the ballpark of misdemeanor, meaning bad action.

Impeachment is necessarily political, thus a count of impeachment on the basis of a crime like tax evasions is completely inappropriate.

Impeachment is wrongly discussed in terms of being in danger of being ‘politicized’ as, in Hamilton’s own words, the political is an essential aspect of the process.