Over on the Corner, Andy McCarthy and Peter Kirsanow have both weighed in on the Logan Act issue I discussed this morning. Peter asks in passing โwhether the House has the authority under Article II to impeach a senator.โ The answer is noโbut strangely enough, that wasnโt immediately obvious to everyone in the founding generation. The first impeachment case under the Constitution was in fact that of a senator, William Blount of Tennessee, in 1797. Blount was impeached by the House for, ahem, behavior not too dissimilar from what is alleged of Obama. The very next day, in a proceeding formally unrelated to that House action but on the same grounds, Blount was expelled by an almost unanimous vote of the Senate. More than a year later, the Senate undertook to try the Houseโs impeachment charges, but dropped the matter. Ever since then, it has been (correctly) understood that the impeachment power mentioned in Articles I and II applies only to the executive and judicial branches, and that members of the House and Senate are not among the โofficersโ subject to the power.

About the Author
Matthew J. Franck is a senior fellow at the Witherspoon Institute, a senior contributing editor of Public Discourse, a lecturer in politics at Princeton University, and professor emeritus of political science at Radford University.
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