Question

[Michael Zimmer]

I agree, that given the politics at the moment, that this is a threat 
without much force. But, I think your characterization of the Clinton era 
stuff -- as if the bad behavior of the Clintons finally pushed a reluctant 
House to impeach Clinton -- is wrong.  Their political judgments, which 
proved to be substantially in error, pushed them to try to find some way 
to attack Clinton.  The House Republican leadership was the proactive 
force in all this.

Michael J. Zimmer
Professor of Law
Seton Hall Law School
One Newark Center
Newark, NJ 07102
973.642.8833
973.642.8194 fax



"David Wagner" <daviwag at regent.edu> 
01/12/2006 05:26 PM
Please respond to
<daviwag at regent.edu>


To
"'Michael Zimmer'" <zimmermi at shu.edu>, "'Douglas Edlin'" 
<edlind at dickinson.edu>
cc
<conlawprof-bounces at lists.ucla.edu>, <CONLAWPROF at lists.ucla.edu>, 
<LawCourts-L at usc.edu>
Subject
RE: Question






The chances of a federal judge being impeached for citing foreign legal 
materials are about on a level with (I'm quoting something here, but I 
can't remember what; Dilbert, maybe) my being asked to sing Nessun Dorma 
on MTV and then Disney buying the film rights to the experience.
 
Clinton is the exception that proves the rule.  It took a multi-year 
drumbeat of ethics accusations against the Clintons to get House Judiciary 
Republicans to crank up the creaky old impeachment machinery -- and in the 
end it cost several of them their political careers.  Their successors and 
survivors are not queuing up to do it again.
 
If this possibility is keeping you up nights, you can go back to sleep.
 
 
David M. Wagner
Regent University School of Law
Virginia Beach, VA  23464
http://ninomania.blogspot.com
 
 

From: conlawprof-bounces at lists.ucla.edu 
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Michael Zimmer
Sent: Thursday, January 12, 2006 10:16 AM
To: Douglas Edlin
Cc: conlawprof-bounces at lists.ucla.edu; CONLAWPROF at lists.ucla.edu; 
LawCourts-L at usc.edu
Subject: Re: Question


It is a not very veiled threat. Then House Speaker Ford once said that an 
impeachable offense is whatever a majority of the House says it is. That 
of course doesn't mean that is "proper."  But the propriety seems 
determined more by the politics of it than by any sense of a definition of 
an impeacheable as a legal question. In some sense, the impeachment of 
President Clinton was not proprer because there was no chance of 
conviction by the Senate but that doesn't mean that there is any more than 
the rhetorical argument in face of the Republican majority in the House's 
decision to impeach. 

Michael J. Zimmer
Professor of Law
Seton Hall Law School
One Newark Center
Newark, NJ 07102
973.642.8833
973.642.8194 fax 


Douglas Edlin <edlind at dickinson.edu> 
Sent by: conlawprof-bounces at lists.ucla.edu 
01/12/2006 09:58 AM 


To
CONLAWPROF at lists.ucla.edu, LawCourts-L at usc.edu 
cc

Subject
Question








Sen. Tom Coburn questioned Judge Alito yesterday about the citation of 
foreign legal sources in the interpretation of the United States 
Constitution.  Judge Alito agreed with Dr. Coburn that it is improper 
for Supreme Court justices to reference foreign legal materials when 
interpreting the Constitution, but I don't want to pursue that issue at 
the moment.  In the course of his questioning, Dr. Coburn mentioned more 
than once that he believes it violates the "good behavior" provision of 
Art. III, Sec. 1 for justices to cite foreign legal materials when 
interpreting the Constitution.  This seems a veiled (or not so veiled) 
threat of potential impeachment proceedings against justices who might 
cite these materials in the future.  What do people make of this? 
Regardless of one's view of the propriety of citing foreign materials, 
do others on the list believe that it would be proper to impeach a judge 
for citing these materials?

Thanks,

Doug

-- 
Douglas E. Edlin
Assistant Professor
Department of Political Science
Dickinson College
P.O. Box 1773
Carlisle, Pennsylvania 17013
717.245.1388
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