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Thursday, October 24, 2019

Checks and Balances

Written by Alexander Hamilton and published on March 8th, 1788, Federalist 66 gives a thorough review of the role and structure the Founders envisioned for impeachment.

The paper starts out by reminding readers that, under the Constitution,  the House of Representatives has the sole power to impeach, in effect acting as a prosecutor. The Senate is the other side of the equation,  having the sole power to conduct impeachment trials, that is, in effect being both judge and jury.

That last argument was Hamilton's coup de grace.  He stated that allowing the Senate to serve as an impeachment court checks and balances the powers of the President.

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