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Corey Brettschneider - On Impeachment: The Presidency on Trial

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Corey Brettschneider On Impeachment: The Presidency on Trial
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PENGUIN LIBERTY ON IMPEACHMENT Corey Brettschneider is a professor of - photo 1

PENGUIN LIBERTY ON IMPEACHMENT Corey Brettschneider is a professor of political - photo 2 LIBERTY

ON IMPEACHMENT

Corey Brettschneider is a professor of political science at Brown University, where he teaches constitutional law and politics, as well as a visiting professor of law at Fordham University Law School. He has also been a visiting professor at Harvard Law School and the University of Chicago Law School. His writing has appeared in TheNew York Times, Politico, and TheWashington Post. He is the author of The Oath and the Office: A Guide to the Constitution for Future Presidents, two books about constitutional law and civil liberties, and numerous articles published in academic journals and law reviews. His constitutional law casebook is widely used in classrooms throughout the United States. Brettschneider holds a PhD in politics from Princeton University and a JD from Stanford Law School.

PENGUIN BOOKS An imprint of Penguin Random House LLC penguinrandomhousecom - photo 3

PENGUIN BOOKS

An imprint of Penguin Random House LLC

penguinrandomhouse.com

Series introduction, volume introduction, and selection copyright 2020 by Corey Brettschneider

Penguin supports copyright. Copyright fuels creativity, encourages diverse voices, promotes free speech, and creates a vibrant culture. Thank you for buying an authorized edition of this book and for complying with copyright laws by not reproducing, scanning, or distributing any part of it in any form without permission. You are supporting writers and allowing Penguin to continue to publish books for every reader.

LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA

Names: Brettschneider, Corey Lang, editor.

Title: On impeachment : the presidency on trial / edited with an introduction by Corey Brettschneider.

Description: New York : Penguin Books, 2020. | Series: Penguin liberty |

Includes bibliographical references. |

Identifiers: LCCN 2020011834 (print) | LCCN 2020011835 (ebook) | ISBN 9780143135104 (paperback) | ISBN 9780525506782 (ebook)

Subjects: LCSH: ImpeachmentsUnited StatesHistorySources. |

PresidentsLegal status, laws, etc.United StatesHistorySources.

Classification: LCC KF5075 .O5 2020 (print) | LCC KF5075 (ebook) | DDC 342.73/062dc23

LC record available at https://lccn.loc.gov/2020011834

LC ebook record available at https://lccn.loc.gov/2020011835

pid_prh_5.5.0_c0_r0

Contents

ON IMPEACHMENT

Series Introduction

On November 9, 1989, the Berlin Wall fell. Two years later, in December 1991, the Soviet Union collapsed. These events, markers of the end of the Cold War, were seen by many as the final triumphant victory of democracy over authoritarianism and communism. Political scientist Francis Fukuyama famously declared the era to be the end of history, suggesting that Western-style liberalism was the ultimate form of human ideology. There was a strong consensusat least in the Westthat liberal freedoms were necessary in any society.

But since then, that consensus has been shaken. In the twenty-first century, democracies have crumbled across the globe, with authoritarian leaders grabbing power and eroding traditional rights protections. Examples abound. Mexico and the Philippines embarked on extrajudicial drug wars; Nicols Maduros regime brought a state of near-famine onto Venezuela; Polands Law and Justice Party functionally turned parts of the media into its propaganda arm. In countless other countries, leaders have impinged on citizens freedom. Even the United Stateswhere liberal freedoms have often been taken for grantedhas faced powerful movements and leaders who have disputed the legitimacy of the very rights that underpin our democracy.

Yet in the United States, calls to restrict rights have always run up against a powerful adversary, one that dates back to the countrys founding: the Constitution of the United States. This Penguin Liberty series is designed to explore the Constitutions protections, illuminating how its text and values can help us as modern citizens to reflect on the meaning of liberty and understand how to defend it. With rights-based democracy under attack from all angles, it is crucial to engage in ongoing discussion about the meaning of liberty, its limits, and its role in the modern world.

Certainly, the ideal of liberty has been present in America since the dawn of the American Revolution, when Patrick Henry reportedly declared, Give me liberty, or give me death! In 1776, the Declaration of Independence proclaimed liberty an unalienable Rightalong with life and the pursuit of Happinessenshrining it as a central American aspiration.

These statements, however, are only a start in thinking about liberty. Mistakenly, they seem to suggest that liberty is absolute, never limited. But in this series, we will see that idea continually challenged. Various liberties sometimes conflict, and we must deliberate among them. Importantly, the liberty to be free from government intervention, or what the British philosopher Isaiah Berlin called negative liberty, must sometimes be balanced against our liberty as a democratic people to govern in the general interest, an idea he called positive liberty. Thus, the series will also emphasize the importance of liberty not only in terms of freedom from government intervention, but also as self-government, the freedom of all of us collectively to decide on our own destinies.

Ratified in 1788, the Constitution was an attempt to codify the high ideal of liberty as self-government. Through intense debate at the Constitutional Convention, a document was forged that limited government power and gave people a say in how they were to be governed. Its goal was to secure the Blessings of Liberty to ourselves and our Posterity. Still, many Americans were not convinced the Constitution went far enough in protecting their individual freedoms from government coercionwhat Berlin would call negative liberty. Although the push for a Bill of Rights failed at the Constitutional Convention, the First Congress ratified one in 1791. These first ten amendments to the Constitution focused largely on securing individual liberties.

Just over 4,500 words long when originally passed, the U.S. Constitution is the shortest written governing charter of any major democracy. Its brevity belies its impact. Ours is the worlds longest surviving written constitution. Some scholars estimate that, at one time, as many as 160 other nations based their constitution at least in part on the U.S. Constitution. The United Nations Universal Declaration of Human Rights from 1948 overlaps significantly with provisions of our Bill of Rights. Individual freedoms that our Constitution champions inspire peoples across the globe.

Of course, the original Constitution protected liberty for only a restricted few. As written in 1787, the Constitution did not explicitly outlaw racialized chattel slavery. Almost 700,000 black people were enslaved in the United States at the time of its founding, a fact that the Constitution did nothing to change and tacitly allowed. Article I prohibited Congress from outlawing the international slave trade until 1808, and the three-fifths clause cemented Southern white political power by having enslaved people count toward political representation without allowing them to vote.

Not all the framers wanted the Constitution to be tainted by slavery. James Madison and Alexander Hamilton, for example, thought slavery morally wrong. But they were willing to compromise this conviction in order for Southern states to ratify the document they so cherished. Thus was born Americas original sin, a legally sanctioned system of racial oppression that persisted formally until the Civil War. Only after an estimated more than 600,000 Americans gave their lives in that bloody conflict was the Constitution amended to outlaw slavery, guarantee equal protection of the laws, and establish that race could deny no citizen access to the franchise.

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