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Impeachment of President William Jefferson Clinton

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Impeachment of President William Jefferson Clinton 1 106TH CONGRESS DOCUMENT 1st Session SENATE 106±3 "! IMPEACHMENT OF PRESIDENT WILLIAM JEFFERSON CLINTON THE EVIDENTIARY RECORD PURSUANT TO S. RES. 16 VOLUME XX Hearing of the Subcommittee on the ConstitutionÐ``Back- ground and History of Impeachment'' (November 9, 1998) Ser. No. 63 Printed at the direction of Gary Sisco, Secretary of the Senate, pursuant to S. Res. 16, 106th Cong., 1st Sess. (1999) JANUARY 8, 1999.ÐOrdered to be printed U.S. GOVERNMENT PRINTING OFFICE 53±459 WASHINGTON : 1999 BACKGROUND AND HISTORY OF IMPEACHMENT HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS SECOND SESSION NOVEMBER 9, 1998 Serial No. 63 ( Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 53±459 CC WASHINGTON : 1998 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 COMMITTEE ON THE JUDICIARY HENRY J. HYDE, Illinois, Chairman F. JAMES SENSENBRENNER, JR., JOHN CONYERS, JR., Michigan Wisconsin BARNEY FRANK, Massachusetts BILL McCOLLUM, Florida CHARLES E. SCHUMER, New York GEORGE W. GEKAS, Pennsylvania HOWARD L. BERMAN, California HOWARD COBLE, North Carolina RICK BOUCHER, Virginia LAMAR SMITH, Texas JERROLD NADLER, New York STEVEN SCHIFF, New Mexico ROBERT C. SCOTT, Virginia ELTON GALLEGLY, California MELVIN L. WATT, North Carolina CHARLES T. CANADY, Florida ZOE LOFGREN, California BOB INGLIS, South Carolina SHEILA JACKSON LEE, Texas BOB GOODLATTE, Virginia MAXINE WATERS, California STEPHEN E. BUYER, Indiana MARTIN T. MEEHAN, Massachusetts SONNY BONO, California WILLIAM D. DELAHUNT, Massachusetts ED BRYANT, Tennessee ROBERT WEXLER, Florida STEVE CHABOT, Ohio STEVEN R. ROTHMAN, New Jersey BOB BARR, Georgia WILLIAM L. JENKINS, Tennessee ASA HUTCHINSON, Arkansas EDWARD A. PEASE, Indiana CHRISTOPHER B. CANNON, Utah THOMAS E. MOONEY, Chief of Staff-General Counsel JULIAN EPSTEIN, Minority Staff Director SUBCOMMITTEE ON THE CONSTITUTION CHARLES T. CANADY, Florida, Chairman HENRY J. HYDE, Illinois ROBERT C. SCOTT, Virginia BOB INGLIS, South Carolina MAXINE WATERS, California ED BRYANT, Tennessee JOHN CONYERS, JR., Michigan WILLIAM L. JENKINS, Tennessee JERROLD NADLER, New York BOB GOODLATTE, Virginia MELVIN L. WATT, North Carolina BOB BARR, Georgia ASA HUTCHINSON, Arkansas JOHN H. LADD, Chief Counsel CATHLEEN A. CLEAVER, Counsel (II) C O N T E N T S HEARING DATE Page November 9, 1998 .................................................................................................... 1 OPENING STATEMENT Canady, Hon. Charles T., a Representative in Congress from the State of Florida, and chairman, Subcommittee on the Constitution ............................. 1 WITNESSES Alstyne, William Van, Duke University School of Law ........................................ 237 Bell, Griffin B., Esq., King & Spalding, Atlanta, GA ........................................... 194 Bloch, Susan Low, Professor of Constitutional Law, Georgetown University Law Center ........................................................................................................... 230 Cooper, Charles J., Esq., Senior Partner, Cooper, Carvin & Rosenthal, Wash- ington, DC. ............................................................................................................ 180 Drinan, Robert F., S.J., Professor, Georgetown University Law Center, and Member, House Judiciary Committee, 1971±1981 ............................................ 112 Gerhardt, Michael J., Professor of Law, College of William & Mary School of Law .................................................................................................................... 45 Harrison, John C., Associate Professor of Law, University of Virginia School of Law .................................................................................................................... 77 Holden, Matthew, Jr., Department of Government and Foreign Affairs, Uni- versity of Virginia ................................................................................................ 57 McDonald, Forrest, Historian and Distinguished University Research Profes- sor, University of Alabama .................................................................................. 211 McDowell, Gary L., Director, Institute for United States Studies, University of London .............................................................................................................. 28 McGinnis, John O., Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University ............................................................................................... 103 Parker, Richard D., Williams Professor of Law, Harvard University Law School .................................................................................................................... 91 Pollitt, Daniel H., Graham Kenan Professor of Law Emeritus, University of North Carolina School of Law ......................................................................... 203 Presser, Stephen B., Raoul Berger Professor of Legal History, Northwestern University School of Law ..................................................................................... 116 Rakove, Jack N., Coe Professor of History and American Studies, Stanford University ............................................................................................................. 242 Schlesinger, Arthur M., Jr., Professor of History, City University of New York ....................................................................................................................... 98 Sunstein, Carl R., Karl N. Llewellyn Distinguished Service Professor of Juris- prudence, University of Chicago School of Law ................................................. 81 Tribe, Laurence H., Tyler Professor of Constitutional Law, Harvard Univer- sity Law School .................................................................................................... 218 Turley, Jonathan, Shapiro Professor of Public Interest Law, George Washing- ton University School of Law .............................................................................. 250 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Alstyne, William Van, Duke University School of Law: Prepared statement .... 239 Barr, Bob, a Representative in Congress from the State of Georgia: Additional information ........................................................................................................... 170 Bell, Griffin B., Esq., King & Spalding, Atlanta, GA: Prepared statement ........ 196 (III) IV Page Bloch, Susan Low, Professor of Constitutional Law, Georgetown University Law Center: Prepared statement ........................................................................ 234 Canady, Hon. Charles T., a Representative in Congress from the State of Florida, and chairman, Subcommittee on the Constitution: Prepared state- ment ...................................................................................................................... 5 Cannon, Christopher B., a Representative in Congress from the State of Utah: Prepared statement ................................................................................... 25 Cooper, Charles J., Esq., Senior Partner, Cooper, Carvin & Rosenthal, Wash- ington, DC.: Prepared statement ........................................................................ 184 Drinan, Robert F., S.J., Professor, Georgetown University Law Center, and Member, House Judiciary Committee, 1971±1981: Prepared statement ........ 114 Gallegly, Elton, a Representative in Congress from the State of California: Prepared statement .............................................................................................. 24 Gerhardt, Michael J., Professor of Law, College of William & Mary School of Law: Prepared statement ................................................................................ 46 Harrison, John C., Associate Professor of Law, University of Virginia School of Law: Prepared statement ................................................................................ 78 Holden, Matthew, Jr., Department of Government and Foreign Affairs, Uni- versity of Virginia: Prepared statement ............................................................. 59 McDonald, Forrest, Historian and Distinguished University Research Profes- sor, University of Alabama: Prepared statement .............................................. 214 McDowell, Gary L., Director, Institute for United States Studies, University of London: Prepared statement ........................................................................... 31 McGinnis, John O., Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University: Prepared statement ........................................................... 106 Parker, Richard D., Williams Professor of Law, Harvard University Law School: Prepared statement ................................................................................. 94 Pollitt, Daniel H., Graham Kenan Professor of Law Emeritus, University of North Carolina School of Law: Prepared statement ..................................... 205 Presser, Stephen B., Raoul Berger Professor of Legal History, Northwestern University School of Law: Prepared statement ................................................. 119 Rakove, Jack N., Coe Professor of History and American Studies, Stanford University: Prepared statement .........................................................................
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