Senate trials and factional disputes: Impeachment as a Madisonian device

In this Article, Professor Turley addresses the use of impeachment, specifi cally the Senate trial, as a method of resolving factional disputes about a n impeached official's legitimacy to remain in office. While the Madisonian democracy was designed to regulate factional pressures, academics and legi slators often discuss impeachments as relatively static events focused sole ly on removal. Alternatively, impeachment is sometimes viewed as an extreme countermajoritarian measure used to "reverse" or "nullify" the popular ele ction of a President. This Article advances a more dynamic view of the Senate trial as a Madisoni an device to resolve factional disputes. This Article first discusses the h istory of impeachment and demonstrates that it is largely a history of fact ional or partisan disputes over legitimacy. The Article then explores how i mpeachment was used historically as a check on the authority of the Crown a nd tended to be used most heavily during periods of political instability. English and colonial impeachments proved to be highly destabilizing in the absence of an integrated political system. The postcolonial impeachment pro cess was modified to convert it from a tool of factional dissension to a ve hicle of factional resolution. This use of Senate trials as a Madisonian de vice allows for the public consideration of the full record as the foundati on for a vote of "true consent." In this unique forum an impeached official is subject to a decision of the public-through the cipher of the Senate-as to his legitimacy in carrying out constitutional duties. As such, Professo r Turley concludes that, properly utilized, the Senate trial represents the quintessential Madisonian moment.