Tuesday, October 26, 2010

The Originalist Who Came In From The Cold

The Originalist Who Came In From The Cold: A Response to Professor Josh Chafetz’s Impeachment & Assassination, by Seth Barrett Tillman, is available for download at the SSRN Working Papers Series. Per the Abstract.
This article is a short response to Professor Josh Chafetz's "Impeachment & Assassination," 95 Minn. L. Rev. (forthcoming Nov. 2010).

According to Professor Josh Chafetz, “impeachment maintains the link between removal and death, but attenuates it…Impeachment is…a political death - a President who is impeached and convicted is deprived of his continued existence as a political officeholder. And, like death, impeachment and conviction may be permanent.” In this short response, it is my purpose to show that Chafetz’s proposed metaphor does not work and, indeed, that inferences drawn from this metaphor lead Chafetz far afield from the Constitution’s original public meaning.