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My dear spouse occasionally forwards me the legal theories of Jonathan Turley, who currently argues Trump’s impeachment trial is unconstitutional now that Trump is a former official. Curious as to what Turley had to say about impeachment before Trump, I did some digging and struck a mother lode: Turley’s 146-page 1999 Duke Law Journal article, Senate Trials and Factional Disputes: Impeachment As A Madisonian Device. Turley’s reasons for publishing such a masterwork in 1999 may not have been dispassionate, since he had recently testified at Bill Clinton’s impeachment, but since Trump’s presidency wasn’t even a gleam in the old GOP elephant’s eye back then, Turley’s thoughts on impeachment in 1999 should at least be free of any bias for or against Trump. Those with the patience to read — or at least skim — Impeachment As A Madisonian Device will be rewarded with plenty of information on impeachment’s constitutional function and history that’s interesting in its own right, and a perspective in which the non-juridical, political nature of impeachment transcends mere raw exercise of power.
Impeachment As A Madisonian Device extensively surveys the constitutional history of impeachment. Its thesis is that the impeachment process, declared first in the House, then passed to the Senate for trial, culminates in