미국의 대통령 탄핵과 입헌취지

Abstract

This study examines the Framers' original intent in structuring the Presidential impeachment. It inquires into the necessity of Presidential impeachment, the location of the impeachment power, and the scope of the impeachable offences. For the Framers and Ratifiers, impeachment was one of the most important means to realize the constitutional principles of separated powers and its system of checks and balances. The Framers and Ratifiers believed that impeachment was not indispensable only by the fallibility of those who chose, but also by the corruptibility of the man chosen. They also believed that Presidential impeachment was indispensable for defending the Constitution against the President's incapacity, corruption, or betrayal of the popular trust. They were keenly aware of the dangers of the impeachment process that would make the President a mere creature of the legislature and that it would destroy the fundamental principle of separated powers. Nevertheless, they agreed that the Presidential impeachment should be proceeded by the Congress since they were so sure that the people were King.The “other high crimes and misdemeanors” were not necessarily limited to indictable crimes. The delegates in the Constitutional Convention and state ratifying conventions seemed to regard the impeachable offences as essentially “political crimes.” No one could have echoed such sentiments more than Alexander Hamilton. The Framers and Ratifiers deliberately wrote in the imprecise words since they believed that the injuries to the constitutional principles and society could be so fundamental or broad. Therefore, subsequent generations are left to fill in the blanks on a case-by-case basis.