Limiting Senate inquiry ignores Founders’ intent for impeachment

Senators will soon decide whether to dismiss the articles of impeachment against President Donald Trump without hearing any witnesses. In making this decision, I believe they should consider words spoken at the Constitutional Convention, when the Founders decided that an impeachment process was needed to provide a “regular examination,” to quote Benjamin Franklin.

A critical debate took place on July 20, 1787, which resulted in adding the impeachment clause to the U.S. Constitution. Franklin, the oldest and probably wisest delegate at the Constitutional Convention, said that when the president falls under suspicion, a “regular and peaceable inquiry” is needed.

In my work as a law professor studying original texts about the U.S. Constitution, I’ve read statements made at the Constitutional Convention that demonstrate the Founders viewed impeachment as a regular practice, with three purposes:

• To provide a fair and reliable method to resolve suspicions about misconduct;
• To remind both the country and the president that he is not above the law;
• To deter abuses of power. Continue reading.