Tag: Burke

TurleyVision 1999: Impeachment as a Madisonian Device

 

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

Cloudburst — only a paper cloud?

 

“Tell me, burnt earth: Is there no water? Is there only dust? Is there only the blood of bare-footed footsteps on the thorns?” “The wilderness and the wasteland shall be glad for them, And the desert shall rejoice and blossom as the rose.”

Eric Whitacre is a conductor and composer with matinee-idol good looks, personal magnetism, a slick marketing strategy, and arguably common sense, too: he recommends young composers not waste time acquiring training in academic theory beyond what they need to write music that sounds good. Whitacre is beloved in the choral world, but also, sometimes, disdained — for being overrated (he is, although overrated can still be good), for being gimmicky (also true, though his gimmicks often land), and for writing music “suffused with a sense of easy spiritual uplift… Everything [is] maximally radiant and beautiful, and beautifully sung. And that [is] the problem.”

If that’s the problem, it’s a problem many composers would like to have. Or at least it’s a problem many performing musicians wish the composers whose music they have to perform had. Our disdainer continues, “Whitacre is so sincere I suspect he would glow in the dark.”