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The Lawfare Podcast

Cass Sunstein on the Citizen's Guide to Impeachment

The Lawfare Podcast

The Lawfare Institute

Politics, Terrorism, National Security, News, Foreign Policy, Diplomacy, Intelligence, Rule Of Law, Military, Constitutional Law, Current Events, International Relations, History, International Law, Government, Law

4.76.4K Ratings

🗓️ 14 November 2017

⏱️ 52 minutes

🧾️ Download transcript

Summary

Discussion on impeachment has intensified since Donald Trump assumed office this January, but what do we know about impeachment’s constitutional design and history? Cass Sunstein, professor at Harvard Law School, recently wrote an accessible account of impeachment to separate myth from history. Last week, Benjamin Wittes interviewed Sunstein on his new book "Impeachment: A Citizen's Guide." They discussed the Framers’ intent behind impeachment, what “high crimes and misdemeanors” actually means, the appropriate situations for which impeachment is called, and much more.

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Transcript

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0:00.0

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0:07.2

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0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:32.6

Then at the Constitutional Convention, Hamilton was one of the leaders and I think it's not

0:38.5

unfair to say Hamilton's kind of smashing victory in a battle of the Titans, which was not

0:44.3

for our day in the Hamilton would win, was to create a powerful unitary executive.

0:49.6

And that was the basis for a fiery discussion and it's essential to understand that discussion

0:56.6

because you can't get impeachment without it.

0:59.8

People who had signed the Declaration of Independence said this is the fetus of monarchates.

1:06.1

This is suited to England, not the United States.

1:09.8

This is not right for a republic.

1:12.2

This is an elective monarchates and that's very agitated talk and the people who said

1:18.9

that lost they were outvoted.

1:21.1

But then it came to discuss impeachment.

1:23.3

And the first kind of conflict was where we're going to have impeachment at all and some

1:28.3

people said no, you can't because then there is an separation of powers to which the response

1:33.4

was you've got basically you've got to be kidding.

1:37.8

I'm Vanessa Soder and this is the LawFair podcast, November 14, 2017.

1:45.2

Judgment on impeachment has intensified since Donald Trump assumed office this January.

1:49.9

But what do we know about impeachment's constitutional design and history?

...

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