Notice & Comment

Shane, Bruff & Kinkopf Casebook Materials on Impeachment

The Separation of Powers Law casebook coauthored by my colleague Peter Shane, with Hal Bruff and Neil Kinkopf, includes a 36-page section on impeachment. The publisher has agreed to make this section available for downloading without charge here (and permits its noncommercial reproduction for teaching and research purposes). Here’s a summary of those materials from Shane:

Following a brief historical introduction, the selection excerpts the 1974 House Judiciary Committee Report on Constitutional Grounds for Impeachment, followed by that committee’s articles of impeachment against Richard Nixon, the House articles of impeachment against Bill Clinton, the House Trial Memorandum for the Clinton impeachment, and a part of Clinton’s answer. Textual notes raise a lot of the discussion questions that arise from these episodes and from Trump’s performance until we went to press in late 2017. The section also includes an excerpt from Nixon v. U.S. (1993), posing the question whether courts will ever get involved in reviewing any aspect of the process.

The full casebook is available for purchase here.