The Impeachment Eye Test

From left: Harvard University's Noah Feldman, Stanford University's Pamela Karlan, University of North Carolina's Michael Gerhardt, and George Washington University's Jonathan Turley testify before the House Judiciary Committee hearing on the impeachment inquiry into President Donald Trump, December 4, 2019.
From left: Noah Feldman, professor of law at Harvard University Law School, Pamela Karlan, co-director of the Supreme Court Litigation Clinic at Stanford University Law School, Michael Gerhardt, professor of law at University of North Carolina School of Law, and Jonathan Turley, professor of law at George Washington University Law School, testify before the House Judiciary Committee hearing on the impeachment inquiry into President Donald Trump, December 4, 2019. (Mike Segar/Reuters)
We know an impeachable offense when we see one — or do we?

NRPLUS MEMBER ARTICLE T o put it mildly, the 1960s were not notorious for juridical modesty. They might compare favorably, though, to Wednesday’s episode of “The Lawyer Left Does Impeachment” at the House Judiciary Committee. Oh, I have no doubt that the three progressive constitutional scholars spotlighted by Democrats yearn in their hearts (and their classrooms) for the Warren Court, that apex of make-it-up-as-you-go-along lawyering. But even those jurists had the occasional convulsion of modesty.

The most instructive one for present purposes belonged to Justice Potter Stewart. The question before the High Court in the 1964 case of Jacobellis v. Ohio was how to define

Something to Consider

If you enjoyed this article, we have a proposition for you: Join NRPLUS. Members get all of our content (including the magazine), no paywalls or content meters, an advertising-minimal experience, and unique access to our writers and editors (through conference calls, social media groups, and more). And importantly, NRPLUS members help keep NR going.

If you enjoyed this article and want to see more content like this, we have a proposition for you: Join NRPLUS.

 

Join Now

Recommended

The Latest