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High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump
For the third time in forty-five years, America is talking about impeaching a president, but the impeachment provisions of the American constitution are widely misunderstood.
In High Crimes and Misdemeanors, constitutional scholar Frank Bowman offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of American experience.
By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers intended impeachment to be a flexible tool, adaptable to the needs of any age.
Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against impeachment of President Trump.
It is an indispensable work for the present moment.
In High Crimes and Misdemeanors, constitutional scholar Frank Bowman offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of American experience.
By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers intended impeachment to be a flexible tool, adaptable to the needs of any age.
Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against impeachment of President Trump.
It is an indispensable work for the present moment.
465 pages, Paperback
First published July 6, 2019
37 people are currently reading
146 people want to read
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Displaying 1 - 10 of 10 reviews
June 10, 2019
As an undergraduate student I aspired to being accepted into law school and one day being admitted to the bar but sometimes our paths lead us in different directions and our plans change of necessity. Nonetheless, my favorite electives were those on Constitutional Law so I was thrilled to have an opportunity to review “High Crimes and Misdemeanors” by Frank O. Bowman III. Make no mistake, this is a scholarly treatise par excellence. Bowman explores impeachment from its origins in Medieval England, through the American colonies, the U.S. Constitutional Conventions and on down through 200 plus years of American history. In its hard copy form it will surely be a weighty tome both literally and figuratively speaking. It is meticulously annotated, citing appropriate case law wherever applicable.
Bowman carefully examines the Founders’ reasoning for including impeachment in the Constitution, as well as who should have impeachment authority and when and how it should be exercised, including a detailed explanation of the importance of constitutional structure. He emphasizes the Founders determination that Congress be the fact finder and arbiter of the. constitutional impeachment process versus a judicial process.
This important work closely examines every facet of impeachment but these are most notable to me:
* the scope of impeachable presidential conduct
* the abuse of pardon power and its ramifications
* impeachment for obstruction of justice
* impeachment for lying as it pertains to official lies to the courts and Congress, including the history thereof and specific notable cases
* the inherent dangers in abuse of presidential power by encouraging supporters to press for reprisals against perceived domestic opponents
* impeachment for corruption including the emoluments clause and the Founders’ reasons for installing roadblocks to prevent an “avaricious president” from using his office for self-enrichment.
Bowman goes on to analyze the questions about impeachment of the current sitting President as a means of protecting the Constitution in a broader sense, particularly as to the marginalization of Congressional power which has devolved through Congress’ abdication of its’ responsibilities, leaving the country vulnerable to attack from within. Bowman truly covers it all. I’ve merely touched on a fraction of the issues facing us. Bowman doesn’t pussyfoot around the issues. He lays them bare and includes what he sees as possible (and probable) remedies.
I should interject here that the Mueller report had not been released to the public when Bowman’s publisher released the ARC for pre-publication review. Nonetheless, Bowman tackles all the critical issues, including the thorniest. That of Congressional responsibility to uphold and defend the Constitution and see that it is not flaunted, as well as serving as a deterrent to future presidents and the importance of not ignoring the current malfeasance and misfeasance that is occurring.
This is a work that should be in the library of anyone who loves the law, especially Constitutional Law, in all its complex and timeless glory. It has endured and served us well and, God willing, will continue to for centuries to come. It will, but only if we recognize its value and protect it from being shredded by the abuse of power from any and all sources.
Reportedly Trump's policy on foreign policy is "l'e 'tat c'est moi" (I myself am the nation). I personally doubt he speaks a lick of French. He doesn't speak his native language well enough to master another. Oh dear, my bias is showing.
My thanks to Net Galley for providing this Advance Reader’s Copy (ARC) in exchange for my honest review. (Publication date 05 August 2019)
#Net Galley #HighCrimesAndMisdemeanors #FrankOBowmanIII
Bowman carefully examines the Founders’ reasoning for including impeachment in the Constitution, as well as who should have impeachment authority and when and how it should be exercised, including a detailed explanation of the importance of constitutional structure. He emphasizes the Founders determination that Congress be the fact finder and arbiter of the. constitutional impeachment process versus a judicial process.
This important work closely examines every facet of impeachment but these are most notable to me:
* the scope of impeachable presidential conduct
* the abuse of pardon power and its ramifications
* impeachment for obstruction of justice
* impeachment for lying as it pertains to official lies to the courts and Congress, including the history thereof and specific notable cases
* the inherent dangers in abuse of presidential power by encouraging supporters to press for reprisals against perceived domestic opponents
* impeachment for corruption including the emoluments clause and the Founders’ reasons for installing roadblocks to prevent an “avaricious president” from using his office for self-enrichment.
Bowman goes on to analyze the questions about impeachment of the current sitting President as a means of protecting the Constitution in a broader sense, particularly as to the marginalization of Congressional power which has devolved through Congress’ abdication of its’ responsibilities, leaving the country vulnerable to attack from within. Bowman truly covers it all. I’ve merely touched on a fraction of the issues facing us. Bowman doesn’t pussyfoot around the issues. He lays them bare and includes what he sees as possible (and probable) remedies.
I should interject here that the Mueller report had not been released to the public when Bowman’s publisher released the ARC for pre-publication review. Nonetheless, Bowman tackles all the critical issues, including the thorniest. That of Congressional responsibility to uphold and defend the Constitution and see that it is not flaunted, as well as serving as a deterrent to future presidents and the importance of not ignoring the current malfeasance and misfeasance that is occurring.
This is a work that should be in the library of anyone who loves the law, especially Constitutional Law, in all its complex and timeless glory. It has endured and served us well and, God willing, will continue to for centuries to come. It will, but only if we recognize its value and protect it from being shredded by the abuse of power from any and all sources.
Reportedly Trump's policy on foreign policy is "l'e 'tat c'est moi" (I myself am the nation). I personally doubt he speaks a lick of French. He doesn't speak his native language well enough to master another. Oh dear, my bias is showing.
My thanks to Net Galley for providing this Advance Reader’s Copy (ARC) in exchange for my honest review. (Publication date 05 August 2019)
#Net Galley #HighCrimesAndMisdemeanors #FrankOBowmanIII
February 3, 2020
Full disclosure: I know the author personally and think highly of him.
I enjoyed this book much more than I expected to. The writing is surprisingly readable and the history is much richer than I expected or realized. What seemed likely to be spork-my-eyes-out dull from the table of contents (e.g., Chapter 2 - British Impeachments 1376-1787; Chapter 3 - American Impeachments before 1787) turned out to be some of the best writing in the book.
The case for what is an isn't impeachable seems unassailable after reading this. Bowman's answer is impeachment is thoroughly political--impeachment is for anything that is politically determined to be for the good of the country. Thus, bad behavior that isn't criminal is in, minor crimes often out. I'm glad I got to read this while watching the current impeachment proceedings. I felt much better informed about the real history so that I could tell when a pundit was just blowing smoke and when someone was actually well-informed.
I enjoyed this book much more than I expected to. The writing is surprisingly readable and the history is much richer than I expected or realized. What seemed likely to be spork-my-eyes-out dull from the table of contents (e.g., Chapter 2 - British Impeachments 1376-1787; Chapter 3 - American Impeachments before 1787) turned out to be some of the best writing in the book.
The case for what is an isn't impeachable seems unassailable after reading this. Bowman's answer is impeachment is thoroughly political--impeachment is for anything that is politically determined to be for the good of the country. Thus, bad behavior that isn't criminal is in, minor crimes often out. I'm glad I got to read this while watching the current impeachment proceedings. I felt much better informed about the real history so that I could tell when a pundit was just blowing smoke and when someone was actually well-informed.
September 26, 2020
Great history of impeachment starting in early England through colonial America and then under our constitution (not just presidents but judges and senators as well). Thereafter it lists basic principles of impeachment that this precedent set and attempts to apply them to many of the concerns with President Trump. Unfortunately, it appears no current Republican senator had read it before or during his impeachment proceedings.
July 9, 2019
Loose talk about removing presidents from office has been routine for decades, perhaps since the unsuccessful impeachment of President Clinton in 1998-99.
The irregular election of George W. Bush in 2000 cast a pall of illegitimacy over his administration, and widespread revulsion over the invasion of Iraq, treatment of detainees and domestic surveillance, led to some limited debates over impeachment.
Talk of impeaching Barack Obama began before he took office, following years of lies about his citizenship augmented most prominently by the man who succeeded him to the presidency, Donald Trump.
Trump, in turn, was the subject of impeachment theories immediately after his surprise victory in 2016, which was followed by a vain effort to persuade Republican electors to veto Trump in the electoral college.
It is hardly surprising, then, to observe a niche market for books about impeachment, the constitutional means of removing an elected president for severe misconduct or incapacity.
Since the language defining grounds for impeachment — “Treason, Bribery, or other high Crimes and Misdemeanors" — is open to interpretation (the final phrase in particular) it is easier to formulate a case for impeachment than to secure conviction by a two-thirds vote of the U.S. Senate.
University of Missouri law professor Frank O. Bowman III’s forthcoming book, “High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump,” offers a scrupulous and thorough history of impeachment as a political tool, beginning with the British parliamentary tradition that preceded the American revolution and our constitution.
It includes a summary of every impeachment in American history: two presidents (plus the resignation of President Richard Nixon ahead of certain impeachment), 13 judges, one U.S. Senator, a Supreme Court Justice and a cabinet secretary.
Impeachment is a political rather than a judicial process, tried and decided by elected legislators. “Impeachment was designed not as a legal process for punishing individual wrongdoing, but as a means for protecting the republic from the faults, frailties, or skullduggery of high government officers,” Bowman writes.
Before proceeding to review prospective arguments for a Trump impeachment, Bowman develops a case for presidential impeachment as a means of vindicating constitutional order, its formal separation of powers as well as normative ideas, rather than as a punitive measure.
“High crimes and misdemeanors” need not include indictable offenses, and yet an actual crime may not merit removing a president (who could be tried after leaving office). The priority is whether the totality of a president’s actions require an intervention on behalf of constitutional values and order.
Here, the book quickly lands on a blunt and even grim conclusion: ours is not now the sort of country that cherishes (or even recognizes) republican values — the idea of res publica, the state as an entity “by, for, and of” its people — over the struggle for partisan power. This is the corrosive factionalism against which George Washington devoted his farewell address to warning his country.
Given the present level of public disdain for public institutions and journalism, tactically exploited by Trump and his faction, Bowman concludes soberly (and correctly) that “our political polarization has run so far that a critical constitutional bulwark against executive dysfunction or even incipient tyranny may no longer be available.”
It remains to be seen what more we will learn about Mr. Trump, or what he and Congress will do, but we, as a public, still have a say over what is normal, healthy political conduct. What will you normalize today?
The irregular election of George W. Bush in 2000 cast a pall of illegitimacy over his administration, and widespread revulsion over the invasion of Iraq, treatment of detainees and domestic surveillance, led to some limited debates over impeachment.
Talk of impeaching Barack Obama began before he took office, following years of lies about his citizenship augmented most prominently by the man who succeeded him to the presidency, Donald Trump.
Trump, in turn, was the subject of impeachment theories immediately after his surprise victory in 2016, which was followed by a vain effort to persuade Republican electors to veto Trump in the electoral college.
It is hardly surprising, then, to observe a niche market for books about impeachment, the constitutional means of removing an elected president for severe misconduct or incapacity.
Since the language defining grounds for impeachment — “Treason, Bribery, or other high Crimes and Misdemeanors" — is open to interpretation (the final phrase in particular) it is easier to formulate a case for impeachment than to secure conviction by a two-thirds vote of the U.S. Senate.
University of Missouri law professor Frank O. Bowman III’s forthcoming book, “High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump,” offers a scrupulous and thorough history of impeachment as a political tool, beginning with the British parliamentary tradition that preceded the American revolution and our constitution.
It includes a summary of every impeachment in American history: two presidents (plus the resignation of President Richard Nixon ahead of certain impeachment), 13 judges, one U.S. Senator, a Supreme Court Justice and a cabinet secretary.
Impeachment is a political rather than a judicial process, tried and decided by elected legislators. “Impeachment was designed not as a legal process for punishing individual wrongdoing, but as a means for protecting the republic from the faults, frailties, or skullduggery of high government officers,” Bowman writes.
Before proceeding to review prospective arguments for a Trump impeachment, Bowman develops a case for presidential impeachment as a means of vindicating constitutional order, its formal separation of powers as well as normative ideas, rather than as a punitive measure.
“High crimes and misdemeanors” need not include indictable offenses, and yet an actual crime may not merit removing a president (who could be tried after leaving office). The priority is whether the totality of a president’s actions require an intervention on behalf of constitutional values and order.
Here, the book quickly lands on a blunt and even grim conclusion: ours is not now the sort of country that cherishes (or even recognizes) republican values — the idea of res publica, the state as an entity “by, for, and of” its people — over the struggle for partisan power. This is the corrosive factionalism against which George Washington devoted his farewell address to warning his country.
Given the present level of public disdain for public institutions and journalism, tactically exploited by Trump and his faction, Bowman concludes soberly (and correctly) that “our political polarization has run so far that a critical constitutional bulwark against executive dysfunction or even incipient tyranny may no longer be available.”
It remains to be seen what more we will learn about Mr. Trump, or what he and Congress will do, but we, as a public, still have a say over what is normal, healthy political conduct. What will you normalize today?
March 4, 2020
High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump
A week or two ago I was listening to “On Topic”, an excellent podcast by Renato Mariotti. Renato is a former federal prosecutor and CNN Legal Analyst and is now a defense attorney here in Chicago. (I had a chance to meet him just before he taped one of his podcasts hosted at the Cards Against Humanity building (an unassuming yellow brick building in the Goose Island neighborhood of Chicago). His guest at that time was Frank Bowman the author of the book named above.
Most of us probably believe we know what impeachment is, especially now that we have an impeached president sitting in office. I realized how little I knew about impeachment when I listened to what was happening in the House and Senate.
I decided to obtain Bowman’s book so I could learn more. As you know I am an avid supported of the Chicago Public Library and in particular, the Austin-Irving Branch. I discovered that even though this book came out in July of 2019 and was on the best seller list, neither the main library nor any branch within CPL had a copy. The staff then went on a book hunt and found the text in a library in southern Illinois. I soon had a copy in my hands and started reading.
I learned that impeachment is a POLITICAL process and not (necessarily) a legal one). Initially it began in 1376 in England as a mechanism to remove the King’s ministers that impeded Parliament from doing their job (since unless a revolution occurred, you could not remove a King). This process allowed the Parliament to moderate the power of the crown.
The colonists were quite aware of impeachment and how to use it so that when our new nation was formed and a Constitution established, it was not surprising that the process of impeachment was included. In Federalist No. 69, Alexander Hamilton described impeachment essentially as a release valve from a "crisis of a national revolution." The end result was that the concept of impeachment is not well defined in our Constitution but left open to interpretation first by the House and then by the Senate. Each impeachment is new. Each impeachment’s rules are established anew and prior to the process by the House and Senate. No two impeachments are identical.
Impeachment is a political and not criminal activity. Although there may be crimes associated with the individual being impeached, no crime needs to have been committed. After going through Trump’s impeachment and listening to the public’s response to what was weeks of on ongoing testimony, it was obvious that the public did not know this.
“High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump” by Bowman is not a book for those with only a causal interest in the topic. He tells a very detailed history, reviews impeachment in England and the United States and includes an extensive reference list as well. On the other hand, if you really want to know about impeachment, its history and how it came to be within the political process in the United States, this book is for you.
After reading biographies of George Washington and Alexander Hamilton (both by Ron Chernow. See my previous book reviews), this text fits well into the history of the United States and issues that still confront us today….and will confront us tomorrow.
I can easily highly recommend this book. Take your time. Digest its information. Become informed.
A week or two ago I was listening to “On Topic”, an excellent podcast by Renato Mariotti. Renato is a former federal prosecutor and CNN Legal Analyst and is now a defense attorney here in Chicago. (I had a chance to meet him just before he taped one of his podcasts hosted at the Cards Against Humanity building (an unassuming yellow brick building in the Goose Island neighborhood of Chicago). His guest at that time was Frank Bowman the author of the book named above.
Most of us probably believe we know what impeachment is, especially now that we have an impeached president sitting in office. I realized how little I knew about impeachment when I listened to what was happening in the House and Senate.
I decided to obtain Bowman’s book so I could learn more. As you know I am an avid supported of the Chicago Public Library and in particular, the Austin-Irving Branch. I discovered that even though this book came out in July of 2019 and was on the best seller list, neither the main library nor any branch within CPL had a copy. The staff then went on a book hunt and found the text in a library in southern Illinois. I soon had a copy in my hands and started reading.
I learned that impeachment is a POLITICAL process and not (necessarily) a legal one). Initially it began in 1376 in England as a mechanism to remove the King’s ministers that impeded Parliament from doing their job (since unless a revolution occurred, you could not remove a King). This process allowed the Parliament to moderate the power of the crown.
The colonists were quite aware of impeachment and how to use it so that when our new nation was formed and a Constitution established, it was not surprising that the process of impeachment was included. In Federalist No. 69, Alexander Hamilton described impeachment essentially as a release valve from a "crisis of a national revolution." The end result was that the concept of impeachment is not well defined in our Constitution but left open to interpretation first by the House and then by the Senate. Each impeachment is new. Each impeachment’s rules are established anew and prior to the process by the House and Senate. No two impeachments are identical.
Impeachment is a political and not criminal activity. Although there may be crimes associated with the individual being impeached, no crime needs to have been committed. After going through Trump’s impeachment and listening to the public’s response to what was weeks of on ongoing testimony, it was obvious that the public did not know this.
“High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump” by Bowman is not a book for those with only a causal interest in the topic. He tells a very detailed history, reviews impeachment in England and the United States and includes an extensive reference list as well. On the other hand, if you really want to know about impeachment, its history and how it came to be within the political process in the United States, this book is for you.
After reading biographies of George Washington and Alexander Hamilton (both by Ron Chernow. See my previous book reviews), this text fits well into the history of the United States and issues that still confront us today….and will confront us tomorrow.
I can easily highly recommend this book. Take your time. Digest its information. Become informed.
January 12, 2020
Written and submitted to Cambridge University Press prior to the release of the Mueller Report and the Ukrainian events of late summer 2019 that precipitated the impeachment of Donald Trump by the House in Dec 2019, Frank Bowman’s exploration of the impeachment history and process is an important and timely book. Though a few reviews out there pan Bowman’s book as anti-Trump garbage, those negative reviews fail to show any meritorious criticism of the book. Rather these negative reviews seem to reflect a mere partisan reaction to a book that only deals with the Trump Presidency in ONE of 16 chapters specifically, and tangentially in another five chapters. The vast majority of the book says little about Donald Trump and examine the Anglo-American history of impeachment’s over the past 700 odd years; the Founders discussions and adoption of impeachment in the Constitution; application of impeachment in Parliamentary Britain, colonial America, as well pre- and post-Constitutional America; and yes, given the title, a deep dive into the meaning of ‘high Crimes and Misdemeanors.’ Bowman also attempts to summarize how this confusing open-ended term has been applied in the Constitutional United States, and if we can glean any common themes or precedents from the rather limited number of past judicial and Presidential impeachment’s. He concludes the book with a chapter looking at the potential for impeachment of Donald Trump. Though written prior to the events that lead the Democratic lead Houses vote to impeach the President, Bowman’s thoughts are in line (though obviously different in specifics) with events that played out. Bowman finally concludes that even if Trump were to be impeached by the House (which has now come to pass) the significant threshold of a 2/3 majority in the Senate written into the Constitution by the Founder would likely not be breached. If Bowman’s prediction - hypothetical st the time he wrote the book but which now is playing out and seems self evident - comes true, the Founders will have indeed insured that only the HIGHEST and most serious ‘Crimes and Misdemeanors’ result in over turning a democratic election as this will make three Presidential impeachment’s with no Senate convictions (Andrew Johnson was of course saved by a single vote, and Nixon avoided a possible impeachment/conviction by leaving office). All in all this is a very solid piece of legal history and commentary, mostly free of partisan meanings. 4 of 5 stars.
April 29, 2020
A Deep Dive into Impeachment
This book is an in-depth look at impeachment. The first chapter discusses it in a very general sense, comparing the British system of rule to our American one as well as looking at the different ways that the constitution can be interpreted. He then goes into a history impeachment, from medieval England to present-day America. Of course, a section is dedicated to our current president and arguments for and against impeachment. This is not a light and breezy read, as you might imagine from the subject matter, but it is a fascinating one, especially if you are a student of history or enjoy more in-depth discussions of ideas that are relevant at the moment.
I received a free copy of this book, but that did not affect my review.
My book blog: https://www.readingfanaticreviews.com
This book is an in-depth look at impeachment. The first chapter discusses it in a very general sense, comparing the British system of rule to our American one as well as looking at the different ways that the constitution can be interpreted. He then goes into a history impeachment, from medieval England to present-day America. Of course, a section is dedicated to our current president and arguments for and against impeachment. This is not a light and breezy read, as you might imagine from the subject matter, but it is a fascinating one, especially if you are a student of history or enjoy more in-depth discussions of ideas that are relevant at the moment.
I received a free copy of this book, but that did not affect my review.
My book blog: https://www.readingfanaticreviews.com
July 22, 2019
A highly interesting book about the history, definition, and examples of impeachment in the Anglo-American World. It is very densely packed with information and at times a little bit too technical, but still an enjoyable and definitely relevant read!
February 9, 2020
Well written tome on the history of impeachment and how decisions not just of our founders, but through history brought us to where we are today. It was written before this year (2020's) impeachment trial of President Trump so I hope Mr. Bowman will provide his readers with a sequel.
October 29, 2019
Biased and inaccurate. Unfortunate some might rely on it.
Displaying 1 - 10 of 10 reviews