The Structure of Impeachment- Federalist #65
In Federalist #65 Alexander Hamilton discusses a topic that is currently all over the news…impeachment.
Sorry to break hearts, but if you expect to hear my ‘hot take’ on ‘what the Founders would think’ then you’ve come to the wrong place.
Instead, we will see ONE Founder’s argument for this system as opposed to some other options that were floated during the Framing…though I do throw in a quote from #65 that I believe is extremely relevant today.
Federalist #65
March 7, 1788
Alexander Hamilton
A Not-So-Perfect Union
In Federalist #65 Alexander Hamilton discusses the reasoning behind the Constitution’s method of impeachment.
More specifically, Hamilton defends the decision to have impeachment trials in the United States Senate.
Before diving into the details, however, Hamilton points out that the Constitution’s impeachment regulations might not be perfect, but they are the best that could be hashed out at the Constitutional Convention.
This is notable because here we have one of the most ardent defenders (and authors) of the Constitution openly admitting it is not a perfect system.
Instead, Hamilton essentially denies that there is a such thing as a perfect government and instead a society needs to organize itself in a such a form as to best effect the lives of its citizens.
Why the Senate?
Hamilton opens Federalist #65 outlining why the Senate is the best place for impeachment trials to take place.
First, he points out that an impeachment is a national investigation. Therefore, he reasons, the trial should be held by the Representatives of that nation.
Furthermore, he invokes the same idea presented by James Madison in Federalist #62 and John Jay in Federalist #64…that the Senate should be made up of career Statesmen who are worldly and have the interests of the whole United States at heart (as opposed to the House of Representatives which should have members chosen from among the common people).
Lastly, he points out that this is how Great Britain’s Parliament operates and most American legal customs come from British Common Law. This is why many of the States had already adopted similar procedures.
But Why Not the Supreme Court?
Hamilton then response to questions regarding the Supreme Courts role in impeachment.
They’re the court, right? Shouldn’t they run the trial?
Hamilton runs through several answers to this question, but it can be broken down into two basic segments.
First, they are simply too small a body for such a big decision.
Second, if someone is impeached, they will then have to face a criminal trial…which might be decided in the Supreme Court!
This means they would be punished by their former colleagues. The same former colleagues who decided to impeach them in the first place.
Why Not an Independent Review?
In the last segment of Federalist #65, Hamilton discusses the idea than an independent body be chosen to oversee impeachment trials.
This Alexander dismisses outright as it would simply be too expensive.
If an entire election was had to choose justices to run an impeachment trial it would be a humongous cost.
A more appropriate means would have these impeachment judges chosen during the normal election cycle and keep them prepared at any time for hearings. But then they would always be on payroll and, again, more money being spent on their salaries.
Modern Relevance
Though I usually refrain from discussing modern politics on this website, there is one quote from Federalist #65 that seems extremely relevant today.
Impeachments…”will seldom fail to agitate the passions of the whole community, and to divide it into parties more or less friendly or inimical to the accused. In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.”
Seems right.
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