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Impeachment: A Citizen’s Guide Paperback – October 30, 2017

by Cass R. Sunstein (Author)

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“Sunstein has written the story of impeachment every citizen needs to know. This is a remarkable, essential book.” ―Doris Kearns Goodwin

As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public’s responsibility. One route the Constitution provides for discharging that duty―a route rarely traveled―is impeachment.

Cass R. Sunstein provides a succinct citizen’s guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people’s role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the “high crimes and misdemeanors” delineated in the republic’s foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers’ controversial decision to install an empowered executive in a nation deeply fearful of kings.

With an eye toward the past and the future, Impeachment: A Citizen’s Guide considers a host of actual and imaginable arguments for a president’s removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.

Print length

208 pages
Language

English
Publisher

Harvard University Press
Publication date

October 30, 2017
Dimensions

4.5 x 0.75 x 7.25 inches
ISBN-10

9780674983793
ISBN-13

978-0674983793
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Editorial Reviews

Review

“With insight, wisdom, affection, and concern, Sunstein has written the story of impeachment every citizen needs to know. This is a remarkable, essential book.”―Doris Kearns Goodwin

“Thoroughly grounded in constitutional history and past practice…Excellent.”―Noah Feldman and Jacob Weisberg, New York Review of Books

“Sunstein’s goal was to lay out a legal and historical framework for thinking about impeachment, independent of any specific president. I’ve been thinking about the topic a lot since finishing the book, and I want to recommend [it]…[It’s a] careful history of impeachment―of when the founders believed it was appropriate and necessary.”―David Leonhardt, New York Times

“Considering that the only executive branch event more unnerving for voters than impeachment is assassination, Sunstein’s book…is a surprisingly cheerful read.”―Sarah Vowell, New York Times

“Sunstein has written a concise, enlightening, and argumentative history and guide to getting rid of presidents…It’s more of a why-to and when-to, and a what-were-they-thinking-when-they-decided-to kind of book. Sunstein delves into the writings, speeches, and deliberations of America’s revolutionary generation.”―Carlos Lozada, Washington Post

“An elegant new monograph.”―Andrew Sullivan, New York Times Book Review

“A lively, compact, and authoritative account…[Sunstein] addresses the most intriguing questions posed by this little used but pivotal constitutional provision…Truly lives up to its promise of being ‘A Citizen’s Guide.’…Excellent.”―Stephen Rohde, Los Angeles Review of Books

“Explains the historical origins of the impeachment concept, and offers a checklist as to when the principle might be applied…Now, more than ever, cool heads are needed to safeguard the U.S. Republic: thank goodness for this book―and its handy impeachment checklist.”―Gillian Tett, Financial Times

“Impeachment: A Citizen’s Guide offers edifying background for an argument that might soon be in need of eloquent, as well as passionate, delivery.”―Richard Blaustein, Los Angeles Review of Books

“A compact, concise, and highly relevant civics lesson. There have been a number of books published about impeachment, many of them partisan manifestoes. What makes Sunstein’s book of such great interest is its lack of fanfare and knife‐sharpening. The author is a learned and accessible guide as he maneuvers his way through the history of democracy’s nuclear option…A welcome, timely, ideal primer.”―Kirkus Reviews

“The book is a tribute to the Founding Fathers’ wisdom in providing for a remedy in case someone who is vicious, lawless and unfit should somehow end up in power.”―Scott McLemee, Inside Higher Ed

“Sunstein is well positioned to provide this balanced and timely overview of the role of impeachment in American democracy…An essential guide to understanding impeachment’s function within the ‘constitutional system as a whole’ and a persuasive argument that the impeachment clause places ‘the fate of the republic’ in the hands of its citizenry.”―Publishers Weekly

“This slim book is thoroughly researched, easy to read and for some perhaps a real eye-opener.”―Owen Dawson, Irish Times

“Offers a highly accessible, brilliantly thoughtful, and politically neutral analysis of what the Constitution means for our present moment and for generations that follow.”―Ryan Goodman, Just Security

“With speculation rife about the possibility of impeaching President Trump, this little book is indeed timely.”―Felix M. Larkin, Irish Catholic

“Sunstein provides a brief, readable survey of the issue, beginning with early English history and continuing to the present…Sunstein concludes with key questions that every American should consider together with the constitutional standards that would govern it.”―W. C. Johnson, Choice

About the Author

Cass R. Sunstein is the Robert Walmsley University Professor at Harvard, where he is founder and director of the Program on Behavioral Economics and Public Policy. He is the most cited law professor in the United States and probably the world. He has served as Administrator of the White House Office of Information and Regulatory Affairs and as a member of the President’s Review Group on Intelligence and Communications Technologies. Winner of the 2018 Holberg Prize, Sunstein is a columnist for Bloomberg View and a frequent adviser to governments all over the world. His many books include the bestseller Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler), Simpler: The Future of Government, and Republic.com.

Product details

ASIN ‏ : ‎ 0674983793
Publisher ‏ : ‎ Harvard University Press; First Edition (October 30, 2017)
Language ‏ : ‎ English
Paperback ‏ : ‎ 208 pages
ISBN-10 ‏ : ‎ 9780674983793
ISBN-13 ‏ : ‎ 978-0674983793
Item Weight ‏ : ‎ 6.7 ounces
Dimensions ‏ : ‎ 4.5 x 0.75 x 7.25 inches

Best Sellers Rank: #1,502,248 in Books (See Top 100 in Books)
- #1,282 in General Elections & Political Process
- #1,537 in General Constitutional Law
- #1,837 in United States National Government

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4.6 274 ratings

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Cass R. Sunstein

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Cass R. Sunstein is the Robert Walmsley University Professor at Harvard Law School, where he is the founder and director of the Program on Behavioral Economics and Public Policy. He is by far the most cited law professor in the United States. From 2009 to 2012 he served in the Obama administration as Administrator of the White House Office of Information and Regulatory Affairs. He has testified before congressional committees, appeared on national television and radio shows, been involved in constitution-making and law reform activities in a number of nations, and written many articles and books, including Simpler: The Future of Government and Wiser: Getting Beyond Groupthink to Make Groups Smarter.

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Anthony Bosnick

An excellent survey of the history of thought concerning impeachment . . .

Reviewed in the United States on November 9, 2019

Verified Purchase

. . . in England, colonial America, and at the time the Constitution was written, and, of course, today.

Given the current state of what is taught in American history classes at the high school and college levels, not much is known among the general populace about what the Founders thought and hoped for regarding impeachment in the American political process. (And as one who taught American history in high school and middle schools, not much is known about anything historical!) Sunstein makes a good case that the concerns of the Founders should be of concern to us as well and should guide us.

Sunstein is a reputable scholar who has served in academia and at high levels of the Federal government. He did some focused study of the history of impeachment in the US setting during the Clinton impeachment hearings to come up to speed on the topic. In the process, he became a recognized go-to person on impeachment. This book is the fruit of that study and reflection, and more.

Sunstein is a clear and engaging writer, although too much of a good thing can become a bit dull at times. That was my experience with the book, even though I am interested in the topic. A 64-page summary and excerpts from the Mueller Report completes the work. This is a good amount of material to introduce readers to what the Mueller Report stated, and how it states it. If you want more, you know where to look.

I think that Sunstein tries to be balanced and unbiased, but that is a hard road to travel when you know as much background as he does and when so much contemporary evidence has come out so far in the hearings. I'd rate him high, however, on balance.

It will be interesting to see if a book such as this one, or the testimony of the congressional hearings, impacts voters. I was just listening to a report from "swing districts" in PA about the impact of impeachment hearings so far, which left me wondering if people are open enough to consider a book such as this. We are so polarized now, and most voters are so poorly formed and informed, I am left wondering what will help people be open to evidence that has or may come forward.

I strongly recommend this book.

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Charles Hoffacker

May we always keep the republic entrusted to our care

Reviewed in the United States on November 15, 2017

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The misdeeds of Donald Trump, both before and after his inauguration, are breathtaking in their number and variety. Many of them are not impeachable offenses, but a growing number appear to be. Before his term expires, Americans may witness a process that moves from impeachment of the president in the House of Representatives to his trial held in the Senate and his subsequent removal from office. This process could take place, and there are weighty reasons that it should.

While "Impeachment: A Citizen's Guide" does not mention Trump by name, it provides a concise and lucid introduction to the history and significance of the constitutional provision for impeaching presidents and other civil officers of the United States. Particular strengths of Sunstein's presentation include how he identifies impeachment as a prime constitutional remedy for presidential despotism and his examination of the crucial constitutional phrase "high crimes and misdemeanors." A helpful book, small in size, "Impeachment" would make a great stocking stuffer for the holiday season.

Sunstein opens with Benjamin Franklin's celebrated response to the question of what sort of government he and the other framers of the Constitution had constructed: "A republic, if you can keep it." Near the end of the book, he cites a warning from Felix Frankfurter: "the greatest menace to freedom of speech is an inert people." Between these quotations, Sunstein labors wisely and well to rouse Americans from inertia so that we may always keep the republic entrusted to our care.

15 people found this helpful

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Dee Arr

Reviewed in the United States on July 30, 2019

Verified Purchase

As one who was not a fan of Cass Sunstein in 2008, I hesitated to purchase this book. In the end, I fell back on what usually drives me, which is you can't learn anything if you only read one side.

For most of Mr. Sunstein's part of the book (about 40% is dedicated to excerpts from The Mueller Report), I was pleasantly surprised. His history of the Founding Fathers and the creation of The Constitution was entertaining and informative. As to be expected, extensive time centered around the concept of Impeachment. This included the arguments between those crafting the Constitution, some of the initial drafts, and why the Founders ultimately chose to use the words they did.

From Chapter 1, in the author’s own words: “My principal goal in this book is to try to dissolve the mist, and in the process recover something about our nation’s origins and aspirations.” An admirable goal, and had the author stopped there, the book might have finished untainted by a partisan view. I should have known better but missed the importance of the next sentence: “But what ultimately inspired me to pursue this topic was something far more personal.”

I will stop here and say, for the information in Chapters 1-10, I would encourage everyone to read this book. Mr. Sunstein presents a well-rounded view of not only what constitutes impeachment, but also delves into the Twenty-Fifth Amendment (dealing with situations when the President is unable to discharge his duties). He challenges the issues from both sides of the aisle, always falling back to the Constitution for guidance. Kudos for these chapters…except for the couple of nudges slipped in.

For a test case example, the author described events preceding the 2016 election (based on what some believe happened), and without naming any names, Mr. Sunstein declares that the President should be impeached. He refers back to this case a number of times, nudging us in the direction that will lead us to the Afterward. Everything comes together here, where the Mueller report is quoted along with Nancy Pelosi. The author takes Ms. Pelosi to task for her statement that impeachment is “divisive” and “unless there’s something so compelling and overwhelming and bipartisan, I don’t think we should go down that path, because it divides the country.”

Based on Mr. Sunstein’s own statements, that history demonstrates that a President will be acquitted of impeachment unless most of the country is in agreement against that finding, his argument as to what Ms. Pelosi really meant don’t hold water. Although the author continues to nudge us toward his ultimate conclusion, that President Trump should be impeached and Ms. Pelosi is not doing her duty, it is important to also consider Mr. Sunstein’s words when he is offering his explanation of Mr. Mueller’s report. The author feels that Mr. Mueller “…declined to say that Trump committed obstruction of justice (though for reasons sketched above, he probably thinks that he did.” The key words here are “he probably thinks that he did,” as Mr. Sunstein would need to clarify with Mr. Mueller exactly what he meant in the report (not to mention giving Ms. Pelosi the same courtesy). Thus the author’s insistence on impeaching the President lies on his interpretation of what Mr. Mueller said. (In fairness, if Mr. Mueller stated unequivocally that he meant exactly what Mr. Sunstein insists he meant, I would be forced to rethink my own thoughts).

Bottom line: Recommended reading for everyone, as it is a good history lesson and clearly explains what impeachment is and when it should be used. The Afterward contains Mr. Sunstein’s personal thoughts (see paragraph 3 above) and the rest of the book are excerpts from the Mueller report (the author does suggest one may read the entire report, which can be found elsewhere. Although I was not happy with the nudges, it is not fair to award less stars because of them. Most of the book was good, informative reading. Three-and-a-half, rounded to four stars.

12 people found this helpful

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Bruno Santos Cunha

História e aplicação do instituto do impeachment...

Reviewed in Brazil on February 15, 2021

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Em “Impeachment: a citizen’s guide”, Cass Sunstein faz uma análise do mecanismo do impeachment em termos históricos gerais e, em específico, de sua utilização e adoção na Constituição Americana.

De início, Sunstein concorda com as indicações de Edmund Burke de que o impeachment seria o grande instituto responsável pela preservação do governo e, bem assim, o guardião da pureza da Constituição. É que o contexto britânico bem demonstraria que o impeachment de ministros e oficiais do rei seria demarcado por um movimento em direção à substituição do absolutismo monárquico por uma ideia de supremacia do Parlamento.

No contexto americano – e nas discussões da Convenção Constitucional na Filadélfia –, o impeachment é visto como um mecanismo a ser utilizado contra a tirania do governante e uma verdadeira arma do republicanismo, sendo certo que todo o foco dos debates durante a Convenção foi centrado na chefia do Executivo (muito embora outros oficiais e mesmo juízes possam ser alvo de impeachment de acordo com a Constituição Americana).

O grande ponto de discussão desde a Convenção Constitucional até os dias atuais diz respeito aos standards adotados para a configuração das causas de impeachment (os chamados “high crimes and misdemeanors”). Na linha adotada por Sunstein, a melhor resposta para a questão é encontrada sob a ótica de uma interpretação originalista da Constituição (com o seu “original public meaning”). Nesse sentido, é nos debates da Convenção Constitucional e, logo após, no período de ratificação da Constituição nas distintas colônias que se encontra o standard ideal para a aplicação do instituto.

Em linha com a discussão originária do instituto nos Estados Unidos, apenas nos casos de abuso flagrante de poder é que restaria possível a instauração do impeachment. Em outras palavras, desacordos políticos não são uma base legítima para o impeachment, assim como um mau governo, baixa popularidade ou mesmo decisões contestáveis não o são.

Ao final do livro, Sunstein traz uma rápida análise do caso do primeiro impeachment de Donald Trump, sobretudo em comparação com os casos anteriores de impeachment de presindentes dos EUA. Leitura recomendada.

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Henri IV

Not nearly as informative,

Reviewed in the United Kingdom on January 16, 2023

Verified Purchase

or as readable, or as interesting as Raoul Berger's book on the same subject.

Chillyfinger

No Waking Up From the Nightmare

Reviewed in Canada on November 13, 2017

Verified Purchase

A great many Americans and a vast number of foreign observers wonder how we can get rid of a malignant sociopath with his finger on the nuclear trigger.

Sadly, being a malignant sociopath delusional, paranoid, psychopath, convicted fraudster or an ordinary criminal is not an impeachable offense. Nor is being financially in bed with Russian organized crime. Nor is refusal to release tax returns or outright collaboration with the Russians to defeat a political opponent. Blatantly using the office of President to amass a personal fortune won't qualify either. Appointing political hacks to important positions? Nope. Gutting the Foreign Service to wreak revenge on Hillary Clinton and pave the way for his Russian pal to have a free hand in the world? Nope.

Outright treason would do it, as would obstruction of justice (blocking the Russian inquiry). Actually being a paid spy of a foreign government might do it as long as we think of massive loans as being "payment".

But then, you need a lot of Republicans to grow a spine As Trump works to make sure that loyalty to him is the #1 qualification to earn the support of the Republican party, the hope of that is dwindling.

On a similar subject, objecting to the lack of control over nuclear weapons continues to be a cause for dismissal in the United States Military. Just saying ...

Terry Trowbridge

keep it next to your tv in 2018-2019

Reviewed in Canada on February 18, 2018

Verified Purchase

Read this book once, quickly, then put it next to your favourite chair in front of your tv. For the next 2 years, the nightly news will be about some idea from this book. What happened today? Is it impeachable? Why isn't it obvious? Who is doing their job, and who is dragging their feet? Is someone on CNN making a smart argument, or are they mistaken? This book is the one you need. Buy it for your parents and grandparents. Give it to your teenage kid,

I am a PhD student in legal studies. This book is excellent. The chapters are organized so that anyone can read them. This book is small - and can fit into your busy schedule, the small purse you take on the subway, or in your carry-on luggage for a flight or bus ride. It's less than $15. Just go for it.

euryluna

Impeachment tem história secular

Reviewed in Brazil on December 2, 2017

Verified Purchase

O livro contém aprofundado estudo sobre a introdução do impeachment do Presidente, ou chefe do Poder Executivo, e ainda o de funcionários do Poder Executivo, propiciando z compreensão da engenharia institucional para assegurar ao chefe do Poder Executivo garantias para o livre exercício das prerrogativas de seu cargo frente às casas legislativas.

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