British Origins and American Practice of Impeachment

This collection brings together historians, political scientists and legal scholars to explore the Anglo-American origins of impeachment and its use in the USA. Impeachment originated in England during the Good Parliament of 1376. It was used, subject to several periods of disuse, until the beginning of the 19th century. The British form of impeachment in turn inspired the drafters of the US Constitution and the inclusion of a mechanism permitting the removal of members of the federal executive and federal judiciary. These Anglo-American origins of impeachment have inspired many constitutions around the globe to include impeachment mechanisms which permit, in most cases, the legislature to remove the President, a Prime Minister, ministers and judges. This volume explores the origins, influence and practice of impeachment. Divided into three parts, the history of impeachment and how it developed in British history is the focus of part one. The inclusion of Ireland reflects the constitutional status of impeachment, the legacy of union with Great Britain and how impeachment can still serve as a deterrent. Part two examines the adoption of impeachment within the US Constitution and its use in practice. The third and final part discusses impeachment in the 21st century. The book will be an essential resource for students, academics and researchers in law, political science and history.

Chapter 1: Impeachment Matters (Professor Matthew Flinders, University of Sheffield; Dr Chris Monaghan, University of Worcester)

PART I. BRITISH ORIGINS

Chapter 2: Impeachment during the Fourteenth and Fifteenth Centuries and its abeyance in the Sixteenth Century (Dr Chris Monaghan, University of Worcester)

Chapter 3: Impeachment in Seventeenth-Century England (Professor Mark Goldie, University of Cambridge)

Chapter 4: British Politics and Impeachment in the Eighteenth Century (Dr Robin Eagles, History of Parliament Trust)

Chapter 5: Edmund Burke, India, and the Impeachment Trial of Warren Hastings

(Dr Mithi Mukherjee, University of Colorado)

Chapter 6: The Nineteenth Century and Beyond: The Existence of the Threat of Impeachment

(Dr Chris Monaghan, University of Worcester)

Chapter 7: ‘Impeachment’ in Irish Constitutional Law (Dr Laura Cahillane, University of Limerick; Dr Tom Hickey, Dublin City University)

PART II. AMERICAN PRACTICE

Chapter 8: Impeachment in the Eighteenth and Nineteenth Centuries in the Early United States

(Professor John R. Vile, Middle Tennessee State University)

Chapter 9: Parallel Evolution: American Impeachment and the Two-Party System (Professor Brian Kalt, Michigan State University)

Chapter 10: Impeachment, Responsibility, and Constitutional Failure: From Watergate to January 6 (Professor Jack N Rakove, Stanford University)

Chapter 11: The US Impeachment Process: Fit for Purpose in a Hyper-Partisan Era? (Dr Clodagh Harrington, University College Cork; Dr Alex Waddan, Leicester University)

PART III. EVOLUTIONARY DYNAMICS

Chapter 12: The Renaissance of Impeachment - political and legal accountability in the 21st century) Professor Dan Plesch, SOAS University of London)