American political system was among the gravest dangers feared by the Founders of our Nation and the Framers of our Constitution. In his farewell address, George Washington thus warned Americans "to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government."[1] And in a letter to Thomas Jefferson, John Adams wrote: "You are apprehensive of foreign Interference, Intrigue, Influence. So am I.—But, as often as Elections happen, the danger of foreign Influence recurs."[2]
Corruption. Lurking beneath the Framers' discussion of impeachment was the most ancient and implacable foe of democracy: corruption. The Framers saw no shortage of threats to the Republic, and sought to guard against them, "but the big fear underlying all the small fears was whether they'd be able to control corruption."[3] As Madison put it, corruption "might be fatal to the Republic."[4] This was not just a matter of thwarting bribes; it was a far more expansive challenge. The Framers celebrated civic virtue and love of country; they wrote rules to ensure officials would not use public power for private gain.
Impeachment was seen as especially necessary for Presidential conduct corrupting our system of political self-government. That concern arose in multiple contexts as the Framers debated the Constitution. The most important was the risk that Presidents would place their personal interest in reelection above our bedrock national commitment to democracy. The Framers knew that corrupt leaders concentrate power by manipulating elections and undercutting adversaries. They despised King George III, who "resorted to influencing the electoral process and the representatives in Parliament in order to gain [his] treacherous ends."[5] That is why the Framers deemed electoral treachery a central ground for impeachment. The very premise of the Constitution is that the American people govern themselves, and choose their leaders, through free and fair elections. When the President concludes that elections might threaten his grasp on power and abuses his office to sabotage opponents or invite inference, he rejects democracy itself and must be removed.
Conclusions regarding the nature of impeachable offenses. In sum, history teaches that "high Crimes and Misdemeanors" referred mainly to acts committed by public officials, using their power or privileges, that inflicted grave harm on our political order. Such great and dangerous offenses included treason, bribery, serious abuse of power, betrayal of the national interest through foreign entanglements, and corruption of office and elections. They were unified by a clear theme: officials who abused, abandoned, or sought personal benefit from their public trust—and who threatened the rule of law if left in power—faced impeachment. Each of these acts, moreover, should be plainly wrong to reasonable officials and persons of honor. When a political official uses political power in ways that substantially harm our political system, Congress can strip them of that power.
- ↑ George Washington Farewell Address (1796), George Washington Papers, Series 2, Letterbooks 1754-1799: Letterbook 24, April 3, 1793 - March 3, 1797, Library of Congress
- ↑ To Thomas Jefferson from John Adams, 6 December 1787, Founders Online, National Archives.
- ↑ Zephyr Teachout, Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United 57 (2014).
- ↑ 2 Farrand, Records of the Federal Convention at 66.
- ↑ Gordon S. Wood, The Creation of the American Republic, 1776-1787 33 (1998).
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