Berks Barrister Summer 2018 - 29

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significant attention and respect each time.
Sunstein encourages "Prosecutorial discretion" on the
part of the House and Senate in this process, and postulates
that the power of impeachment has been avoided partially
because it is so difficult to accomplish. The people can push
their representatives to impeach an unpopular Officer or
Judge, "but we have to run the gauntlet." The deterrence effect
of such a difficult system of impeachment underscores our
nation's republican values: once elected, an official is hard to
remove.
The book succeeds in part because its tone models
impeachment's lofty and impartial goals. Resting in an ether
above the partisan fray, focusing on the longevity of American
balance of power, and in the ultimate right of the People to
choose their elected officials, Sunstein successfully writes in
a bipartisan manner. He avoids the temptation to weigh in
on current events. Even where he shows his cards a bit on
his views of Clinton or other historical uses (and non-uses)
of impeachment power, Sunstein manages to keep the book's
focus on informing the citizen rather than converting the
reader.
The book is written in a breezy, conversational style,
but without forgoing deeper conversation in the process.
Sunstein answers common questions the average reader might
have about impeachment and takes time to cover the 25th
Amendment's unique provisions, which focus on temporary
removal for "inability" rather than impeachment based upon
misuse of power.
The book's brevity is admirable, but at times, it still felt as
though an editor required more fluffing out. Sunstein spends
excess time explaining the competing views on constitutional
interpretation for relatively little pay-off to his overarching
point. If the book warrants any other criticism, it is in the
failure to engage more deeply in the actual considerations
of those voting in the three historical impeachments, and
one almost-impeachment (Tyler, Johnson and Clinton all
faced impeachment votes-only the latter two were actually
impeached by the House, and neither was removed by the
Senate. Nixon, of course, almost certainly would have been
impeached had he not resigned).
But the book is meant as a primer, not an exhaustive
study. The framework of the Constitution gave only a broad
outline of how We the People may direct impeachment of our
Officers and Judges; the exhaustive study was left to us to be
debated and determined on an as-needed basis.

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Joel A. Ready, Esquire, is a
partner at the Cornerstone Law
Firm in Blandon. He is also the
editor of SCOPA.com, a website
providing coverage of the
Supreme Court of Pennsylvania.

Summer 2018 | 29
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Berks Barrister Summer 2018

Table of Contents for the Digital Edition of Berks Barrister Summer 2018
