Professor Keith Whittington Explains the Power of Impeachment

In an era when use of “the impeachment power” has become the political norm, David Boies Professor of Law Keith E. Whittington sets out to give scholars and the everyday voter an insightful overview of how it works, how it came about, and when to put it into action in his newest book, “The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool” (Princeton University Press, 2024).

“We live in an age in which every succeeding presidential administration has bred its own cottage industry of critics and opponents calling for impeachment,” Whittington wrote in the introduction.

In The Impeachment Power, Whittington — who has written extensively about constitutional theory and law and politics — clarifies the use of the constitutional power of impeachment. He notes its British and American origins, how it should be used, and the dangers that arise when exercised too often. He intends for readers to walk away able to recognize the extent of its power as well as its limits.

“I hope to illuminate the constitutional nature, purpose, and history of the federal impeachment power not from the perspective of how it might help or hurt a particular government official but from the perspective of how we have thought and should think about it over the long run,” Whittington wrote.

Whittington also stresses the importance of political leaders using this tool with discernment, arguing the misuse could lead to an imbalance of power in the branches of government.

“When legislators reach for the impeachment power, they should know what they hope to accomplish and have some idea of how the impeachment power might be used to reach that goal,” Whittington wrote. “Exercising the impeachment power involves choices — choices about how politics is to be conducted, how misbehavior is best remedied, and how we can best secure our highest constitutional ideals.”

Whittington’s academic focus is American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law. His other works related to these topics include “Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present” (2019), “Constitutional Interpretation” (1999), and “Political Foundations of Judicial Supremacy” (2007). Whittington earned his B.A. and B.B.A. from The University of Texas at Austin and his M.A. and Ph.D. from Yale University.