On the Right

New York, Sept. 25—Senator Kennedy has given a speech on the floor in which he declares himself on what should be done in the event that Mr. Nixon should refuse to turn over the tapes even if ordered todosoby the Supreme Court. At that point, said Mr. Kennedy, there’s only one thing to do: Impeach him. The Senate Chamber, according to reports, was very nearly empty while Senator Kennedy delivered his speech, though at the far corner of the room someone spotted Senators Goldwater and Tower. Goldwater did not proffer his opinion of it, but Senator Tower said, “So far, the refusal to obey a court order has never been grounds for impeachment. There is no precedent.”

That of course is correct, but so is it correct that the only historical precedent for impeachment of a President was in the case of Andrew Johnson, and not only did Congress fail at conviction, many years later the Supreme Court spoke flatly on the issue in question and declared retroactively that Johnson had been absolutely right. So that we are left without any precedent at all for the impeachment of a President.

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William F. Buckley Jr.

William F. Buckley Jr. founded National Review magazine in 1955.

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New York, Sept. 25—Senator Kennedy has given a speech on the floor in which he declares himself on what should be done in the event that Mr. Nixon should refuse to turn over the tapes even if ordered todosoby the Supreme Court. At that point, said Mr. Kennedy, there’s only one thing to do: Impeach him. The Senate Chamber, according to reports, was very nearly empty while Senator Kennedy delivered his speech, though at the far corner of the room someone spotted Senators Goldwater and Tower. Goldwater did not proffer his opinion of it, but Senator Tower said, “So far, the refusal to obey a court order has never been grounds for impeachment. There is no precedent.”

That of course is correct, but so is it correct that the only historical precedent for impeachment of a President was in the case of Andrew Johnson, and not only did Congress fail at conviction, many years later the Supreme Court spoke flatly on the issue in question and declared retroactively that Johnson had been absolutely right. So that we are left without any precedent at all for the impeachment of a President.