Mixing Branches - Federalist #66
In Federalist #66 Alexander Hamilton continues his discussion regarding the Senate’s role in the impeachment process.
As with last week’s article, this essay is meant to review the Federalist Paper’s arguments. I will not discuss the modern impeachment trial, the current political scene is merely a coincidence.
Federalist #66
March 8, 1788
Alexander Hamilton
During the debates concerning ratification of the Constitution, many Anti-Federalists were concerned with the power designated to the Senate.
In Federalist #66 Alexander Hamilton continues to address these concerns during the second straight Paper regarding the process of impeachment.
In general, Hamilton believes that the House of Representatives’ role in impeachment prevents the Senate from running away with control of the government.
Let’s take a closer look at the arguments in #66.
Mixing Branches
Hamilton begins by addressing the fear that giving the Senate, in times of impeachment, a role which is generally meant for the judicial branch breaks the Balance of Powers.
He argues that this is necessary because one of the Senate’s tasks in the same Balance of Powers it to hold both the executive and judicial branches accountable for their actions.
Furthermore, since the House of Representatives is responsible for ‘accusing’ the person in question, it removes any questions about the Senate starting the trial without cause.
Convicting Favorites
Another issue pointed out by the Anti-Federalists was that the Senators would have to confirm that most of the people who could possibly stand trial in an impeachment case.
Would the Senators have an issue convicting a person who they had previously confirmed? Wouldn’t the embarrassment of accepting someone accused of mishandling their position stop a fair and impartial trial?
In Hamilton’s opinion, no. If someone’s crimes were so egregious that the should be removed from office, members of the Senate should be wise enough to do what is right for the country.
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