I. INTRODUCTION

To seek the true standard of what constitutes an impeachable

offense we can do no better than to focus on the language set forth in Article II, Section 4 of the United States Constitution:

The President, Vice President and all Civil Officers

of the United States, shall be removed from Office on
Impeachment for, and conviction of, Treason, Bribery,
or other high Crimes and Misdemeanors.

This language is clear, but the light of history, reason and experience
are useful in eliminating any doubts about the authors' intent. An
examination of English history and the common law show what the
Framers used as a model and the way in which they modified it. The
debates at the Constitutional Convention of 1787 and the post-Conven-
tion statements of those unique individuals evidence their intent as to
the scope of the clause, "Treason, Bribery, or other high Crimes
and Misdemeanors." And, of course, the experience of past American
impeachments will be of utmost importance in illustrating the correct
practice and interpretation.

II. THE ENGLISH BACKGROUND OF THE
CONSTITUTIONAL IMPEACHMENT PROVISIONS

A. Relevance of English Impeachment Precedents

If we are to understand the relevance of the English impeach

ment precedents to the meaning of that section of our own Constitution

dealing with impeachable offenses, we must look carefully at the English theory of Government, the role of impeachment in English history and the American divergence from English philosophy. Otherwise, there is no basis for judging the relevance or significance of English practice. For, if we seek to compare the role of the automobile in modern society with the role of the covered wagon in 19th century America, we must be sure that the two are relatively equivalent in their respective functions. When dealing with an institution as complex as the impeachment process and periods as diverse as England

from 1376-1787 and America from 1787-1974 we can ill afford a

shallow analysis that would fail to disclose essential differences.

B. English vs. American Theory of Government

The place to begin is clearly with the nature of the English system as contrasted with the American. Here the essential difference is indeed clear. The genius of the American Constitution and the men whose sacrifice made it possible lies in a commitment to two central and interrelated ideas. The first is the theory of limited government and the second is the mechanism of separation of powers. Both of these concepts must be placed in the framework of 1787 and the