Impeachment Sidebar: The Senate Trial
In his latest article for the New York Law Journal, election lawyer Jerry Goldfeder looks at why members of the Senate were originally selected to try an impeached public official.
Despite any misgivings about the political nature of the Senate, Jerry writes, the Founders concluded that, under centuries-old English practice and their own analysis, senators were the proper people to conduct an impeachment trial.
“Indeed, Hamilton expected that the ‘passions of the whole community’ would be ‘agitated,’ dividing the nation into those ‘more or less friendly or inimical to the accused,’” Jerry notes. “In other words, a trial of an impeached public official would necessarily be imbued with political considerations.”
The article is the fourth in a series addressing legal issues surrounding the proceedings.
Read the full article below.