... Contrary to thousands of hours of impeachment legal punditry going back to the Nixon administration, a president doesn’t have to commit a crime to be impeached. As Hamilton writes in Federalist 65, impeachment involves “the misconduct of public men” and “the abuse or violation of some public trust.” Impeachments are “POLITICAL” (Hamilton’s all-caps) because they injure “society itself.”
It may in fact be legal for the president to be the judge in his own cause and create a taxpayer-financed slush fund for him to reward cronies and henchmen on a whim. It is already clear that presidents can launch wars without Congress or the courts unduly getting in the way. But I struggle to think of hypothetical scenarios that would be more likely to arouse in Madison and his contemporaries the — now misplaced — reassurance that impeachment was an available remedy.
Here.
