Deep Background with Noah Feldman Noah Feldman on Axios Today About the Impeachment Trial
Feb 5, 2021
A deep dive into the current impeachment trial reveals its legal and political nuances. The discussion highlights historical precedents like William Belknap, offering insights into how past cases influence today's debates. There's a riveting exploration of the constitutionality of impeaching a former president, tackling whether a private citizen can face such a process. The legal framework and strategies used in the trial are analyzed, particularly regarding First Amendment rights, all while sprinkling in some summer anecdotes to lighten the mood.
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Belknap's Post-Resignation Impeachment Trial
- William Belknap resigned to avoid impeachment but was tried post-resignation anyway.
- He was not convicted, but the Senate decided it could hold a trial after leaving office.
Senate's Constitutional Power on Impeachment
- The Senate has the final say on trying former officials, and it is constitutionally allowed.
- Impeachment after leaving office was common in the founding era and can still disqualify from future office.
Impeachment Is a Political Question
- The Constitution explicitly assigns impeachment to the House and conviction to the Senate.
- Courts view impeachment as a political question and will not intervene in Senate decisions.