Book Review: Removing a president
History‘Impeached’ looks at use of constitutional law

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Published: July 5, 2009

Ousting a president through measures other than term limits often seems enticing, but second thoughts soon surface. David O. Stewart, lawyer and author, chronicles a constitutional remedy in an intriguing book, "Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln’s Legacy” (Simon & Schuster, $27).

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President Abraham Lincoln’s successor seemed like a pygmy in the shadow of the assassinated leader. The new president, a Democrat, was not of the dominant party, the Republicans, and he often irritated Congress with his crude ways and reluctant cooperation. His foes entertained many grievances, but Johnson’s firing of a Cabinet officer without their input was a good excuse to impeach. (That was before a president had the right to dismiss a Cabinet officer on his own.)

The House of Representatives voted impeachment, but the Senate lacked one vote of putting Johnson out. Thus, he remained president for the short time left in his term. The author describes all the tactics, politics, bargaining and struggles that made up the fabric of the ouster efforts. Neither side was innocent in the melee.

Johnson was the first impeached president; the other was President Bill Clinton. Again, the second impeached president was a Democrat, and the leaders of the ouster effort were Republicans. (Clinton was impeached for lying under oath.) Clinton, too, was saved by the Senate vote.

The record so far: Two impeached. Both kept office, and historians agree that President Richard Nixon would have been impeached and convicted if he had not resigned. Even his close friends in Congress advised him that his presidency was doomed because of his corruption. Thus, the impeachment efforts making their way through Congress were derailed.

Fever for impeaching President George W. Bush cooled with reminders of who would follow him. Another factor is that impeachment can divide a country and bring political repercussions. The constitution offers an effective safety valve for discontent by providing for impeachment. Fortunately, it is seldom employed in the presidency, but it is used in other offices, too.

Stewart’s 445-page book is an excellent primer in a constitutional process, and his analysis of the political and legal maneuvering both entertains and informs. A bonus are the extensive end notes. History buffs will be thrilled.

— Dennie Hall