TEDITORIAL - The weapon of impeachment was designed to remove the president because he was immune to the no-confidence vote that removes the prime minister in a parliament. 'One thing is clear,' says Raoul Berger, 'the impeachment debate in the convention was almost exclusively concerned with the president.' One thing was even clearer, even a wrong determination by any court, let alone the Supreme Court that a congressional measure or presidential action was legal or illegal was left for final determination to the courts and no one else. not to the Senate. Not the House. Not to a fat woman with a gun. Or a spokesman with a flabby jaw. Not to anyone but judges. That is because the judicial power is vested with right or wrong results, in one Supreme Court.
Indeed, said James Wilson, what House of Representatives would dare to impeach or Senate to convict, judges for the performance of their duty to tell what the law is and what the law is not. This conclusion is inherent in the very nature of judicial review, said Berger. Hence Willoughby. Judges, not to mention justices, cannot be impeached for wrong decisions. Keep that in mind as this drama unfolds. The Senate may go where greater men, and far more bitter partisans, pulled back from.
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