Impeaching the President

POSC 151 (CTS): Political Issues – Impeaching the President Department of Political Science Saint Mary’s College Spring 2020 Spes Unica 312 TR 9:30–10:45 Instructor: Sheahan Virgin, Ph.D. (pronounced: Shay-EN) Email: [email protected] Office location: Spes Unica 264 Office hours: MW 10:00–11:30, TR 3:30–4:30; or by appointment The U.S. originated the presidential system of government—i.e., three sepa- rate but co-equal branches sharing pow- ers and, due to this fractionalization of responsibility, “checking and balancing” each other. In creating the position of president, the Founders were mindful of two competing objectives. First, they feared that the chief executive would become a mere puppet of the legislative branch—as such, they sought to institutionally isolate the president (and his salary) from congressional meddling. “He tells it like it is.” Second, they also feared the possibility of an overweening, corrupt executive—as such, the American president would be no king, because Congress would retain the ability to remove from office a harmful president, albeit in extraordinary circumstances. There is a certain ‘Goldilocks-esque’ qual- ity to the position the Founders designed: the president is neither too independent of nor too dependent on Congress; rather he is just right. Congress has sought to exercise its power of removal, called impeachment, just four times: Andrew Johnson survived (the Senate acquitted him), Richard Nixon resigned (thus short-circuiting an inquiry that was sure to result in conviction), Bill Clinton survived (the Senate acquitted him), and Donald Trump will (probably) survive, too. 1 Thus, an impeachment inquiry is a rare event, and when Congress launches one, it sensationalizes—the media excitedly chases the story, the president’s defenders cry foul, the president’s detractors breathlessly announce the findings of their investigative activity. But impeachment is also important because its proceedings compel Americans to grapple with thorny issues about American constitutionalism, the balance between presidential power and congressional oversight, and the behavioral norms that undergird our democracy. What is at stake is not merely the fate of a given chief executive, but also the kind of politics we want, as a nation, to keep. Course structure This course provides an introduction to impeachment, with a particular focus on the congressional investigation of President Trump and his (purportedly) corrupt dealings with Ukraine. In general, we can distinguish between impeachment as a constitutional ideal (i.e., how it should operate) and as a messy political reality (i.e., how it tends to operate in the real world). In Unit A, we will explore the impeachment process, the Ukraine scandal, and the historical examples of Nixon and Clinton. In Unit B, we will transition to learning about the types of behaviors for which presidents, ideally, should be removed. Finally, in Unit C we will inquire as to whether the impeachment process, as a reality, is “broken.” Topics for each unit include: ◦ Unit A – The Ghosts of Impeachments Past and Present Impeachment procedures; the Founders’ fears of presidential corruptibil- ity; Trump and the Ukraine scandal; Nixon and Watergate; Clinton and his sexual assault of Monica Lewinsky ◦ Unit B – How Presidents Go Bad Treason; bribery; high crimes and misdemeanors (obstruction of justice, lying to conceal wrongdoing, abusive pardoning, financial corruption) ◦ Unit C – Is Impeachment Broken? Elite polarization and supermajoritarianism; public opinion and the news media; the 25th Amendment as an alternative; the criminal courts as an alternative; constitutional amendments to the removal process As you can see, we will cover a lot of ground together. In addition, we will read a wonderful, but spooky, novel—Philip Roth’s The Plot Against America. 2 Course themes and learning objectives Throughout the course, we will pursue five ‘meta’-themes, to motivate class discussion, lecture, and student writing. These are as follows: ◦ Theme 1 – Has Trump Misbehaved?: To what extent is the President guilty of impeachable offenses? Would the Founders have approved of his behavior? ◦ Theme 2 – Impeachments as Teaching Moments: What, if anything, have modern presidents learned from their predecessors’ impeachment-worthy errors? ◦ Theme 3 – The Balance of Power: How have impeachments altered executive– legislative branch relations? Can presidents actually be reined in? ◦ Theme 4 – Is Impeachment Broken?: How has the rise in partisan tribalism, as well as the development of partisan media, degraded the impeachment process? ◦ Theme 5 – Bias Towards the Status Quo: Why, both behaviorally and institutionally, is change in the American system so difficult to achieve? Finally, this course has three learning objectives. The first is to deepen students’ understanding of impeachment as an ideal and a reality, as well as the desirability and feasibility of reforming the removal process. The second goal is for students to exit the course having thought carefully about, and to have arrived at an informed individual position on, the above-mentioned themes. The final goal—less about substance and much more practical—is to improve students’ critical thinking, reading, and writing skills (each is in-demand professionally!). The table below describes how you will realize the Critical Thinking Seminar (CTS) goals of Saint Mary’s Sophia curricular program. College and class policies Creating a safe, inclusive environment is the responsibility of everyone at Saint Mary’s. Please familiarize yourself with the following policies, which will govern our conduct: 1. Academic integrity: To cheat, plagiarize, or falsify records is to violate the Saint Mary’s honor code. I will report suspected dishonesty to the Associate Dean and the Committee on Academic Standards, which then investigates. If a student is found to be in violation of the code, I will reduce her grade by a full letter (give her an F) for a minor (major) offense. (Read the code) 3 You, CTS, and Sophia LO2 Critical thinking outcomes Fulfillment in POSC 151 “A Saint Mary’s student You will fulfill this outcome evaluates and formulates claims through careful reading and about issues, ideas, artifacts, or discussion of the books and (A) Critical thinking events using critical thinking articles we read, and by methods that are appropriate to thoughtfully engaging those the discipline of the seminar.” texts in the writing assignments. “A Saint Mary’s student demonstrates basic information You will fulfill this outcome by literacy. she is able to seeking out and using academic determine how much and what sources for your written (B) Information literacy kind of information she needs, contribution to the ‘Reforming locate that information, the Impeachment Process’ evaluate its suitability, and use partner project. it to accomplish her purpose.” You will fulfill this outcome by regular participation in class “A Saint Mary’s student discussions, as well as by demonstrates effective oral working with your partner on (C) Communication communication in interactive or the ‘Reforming the presentational contexts.” Impeachment Process’ partner project and co-presenting your joint chapter. “A Saint Mary’s student You will fulfill this outcome by (D) Writing develops and organizes written completing the three paper arguments.” assignments and exam. 2. Accessibility: If you have had documented academic accommodations in the past, or think you may be eligible for them presently, you should contact Iris Giamo ([email protected]) or Jennifer Wright ([email protected]) in the Disabilities Resource Office (DRO), Madeleva 103C, to make an appointment. DRO is responsible for coordinating academic accommodations for students each semester and will issue a letter of documentation to your faculty for the current semester. Requests for such accommodations will not be honored without this letter. Securing reasonable accommodations requires timely action on the part of the student. Please contact the staff in DRO for an appointment. (Contact DRO) 3. Communication: I encourage students to communicate with me about the 4 course, their learning needs, and their career goals; indeed, I view mentorship as one of the most important ways in which an instructor can serve his or her students. I will try to respond to your emails within 24 hours. Note that emails to me are a good time to practice the art of writing clear, economical messages, a skill that is in-demand professionally. Aim for concision, use good manners (address me as ‘Prof. Virgin’) and grammar, and recognize that emails leave a digital trail. 4. Grading: I reserve A– and A for outstanding work; good (average) work will be B to B+ (C to B–). You may appeal grades that you feel have been awarded in error or unjustly. In these instances, I will re-grade the assignment, and your grade may increase (or decrease) upon review. Furthermore, please note that an assignment will be reduced by one-third of a letter grade for each day it is late; e.g., the highest grade possible for an assignment one-day-late is an A–, two-days-late is a B+, etc. 5. Privacy: The Family Educational Rights and Privacy Act (FERPA) protects the privacy of your academic record, mandating that your grades be shared with you, only. I am therefore not at liberty to discuss grades over email or with parents, or to return assignments via an intermediary. (Read about your rights) 6. Respect: Saint Mary’s College is committed to upholding standards that promote

Load more