Impeachment Hearings: House Judiciary Committee, July 27, 1974 (1/2)
Impeachment Hearings: House Judiciary Committee, July 27, 1974 (1/2)
[00.53.48] LEHRER concludes his presentation of the "scoreboard" DUKE introduces guests WILLIAM VAN ALSTNE, Constitutional Law scholar from Duke Unviersity, and MARTIN DIAMOND, Political Science professor from Northern Illinois University, Asks for impressions on the vote DIAMOND says that it is draining, either from the length of the deliberations or the historical weight of the vote. Comments that he is not too concerned about the exact vote at this point, but the question of why the impeachment power exists. Argues that the impeachemnt clause was included not to weaken, but to strengthen Presidential power. That the enormous power of the Executive must be checked in some way to remain legitimate. Says that impeachment is the third line of defense for the people against a bad President, after the vote and the check of Congress. It would be disastrous for the Congress to try to use impeachment to bully a President, but that the behavior of the Committee does not indicate that such will happen. It would also be dangerous to demand such a high standard of proof that impeachment could never be achieved, Notes that "HIGH OFFICE CAN COVER ITS TRACKS". The "golden mean" is to be sought, cites James Madison's definition of IMPEACHABLE OFFENSES as "grave offenses against the Constitutional system". DUKE asks VAN ALSTYNE if the Committee has struck a "golden mean" in its draft of the article, between stringent proof and lax evidence? VAN ALSTYNE says it's fulfilled one function, with the question remaining if the ARTICLE is a valid one, Constitutionally. He doesn't think any court will ever rule on the question, but many people will wonder. He says that it is a valid ARTICLE, not to prejudge the PRESIDENT'S chances of winning acquittal, but that the kinds of charges in the ARTICLE are to his mind the kinds of charges intended in the Constitution. It is not a mere disagreement on matters of policy, like a Recall petition. It is based on the difficult task of establishing Criminality in the White HOuse. Says that the actual situation of this impeachment is unique to history, as the first impeachment in the FEDERALIST era of Supreme Court Justice CHASE was an attack on the FEDERALIST party by the JEFFERSONIAN REPUBLICANS. The JOHNSON impeachment is characterized as a revolt by CONGRESS against EXECUTIVE POWER in a more general sense. The failure of this effort was right, because it was an effort to grab power by Congress VAN ALSTYNE says that this is absolutely the first time that the IMPEACHMENT CLAUSE has been used in response to allegations and evidence of outright criminality by a President. The task of the Senate would be much more difficult because the ARTICLE is worded so as to make it impossible to oust the President over matters of Policy. VAN ALSTYNE expresses confidence that the process is going along properly DUKE summarizes the day's results and implications thereof. LEHRER signs off until the next evening of coverage. [PBS network ID] [01.02.31--TAPE OUT]