GRAND RAPIDS, Mich. — The impeachment inquiry into President Trump continues Friday with two more witnesses testifying publicly before Congress. To talk more about impeachment, its process, its history, I spoke with Devin Schindler, a Constitutional law expert from Western Michigan University’s Cooley Law School.
On House impeachment and Senate trials themselves, Schindler said the founders gave sole power to those two branches for those specific duties: the House impeaches.
The Senate holds a trial and convicts - which removes a president from office - or acquits, as in the case of former President Clinton. There is no judicial review of either body in those processes.
When questioned about Democrats' use of the phrase “abuse of power” in impeachment proceeds, Schindler admits that is not listed in the reasons for impeachment laid out in the Constitution (those are treason, bribery and high crimes and misdemeanors). But, he pointed to Federalist 65, written by Alexander Hamilton, which described “abuse of power” as “crimes against the government.” He also quoted then-Congressman Gerald Ford, who famously said high crimes and misdemeanors are “whatever the House says it is.”
Among the other topics discussed, I asked Schindler about foreign interference in U.S. elections; something Democrats are accusing Trump of asking the Ukraine government to do. Schindler said it was the greatest fear of the Founders, because at the time of the Constitution’s writing, the U.S. was still a fledgling nation. The fear that powerful countries like England or France would compromise American politicians was very real.
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