Excerpts from an article by Rob Natelson via The Epoch Times – Impeachment law isn’t for amateurs. It rests on English parliamentary history extending at least as far back as the 1300s. Furthermore, impeachment standards evolved over time. To understand the Constitution’s rules, we must know what the standards were when the Constitution was adopted. We can do so by consulting 18th-century parliamentary records and legal materials.
Here’s some of what they tell us:
- The term “high Crimes” means, approximately, “felonies.”
- The phrase “high … Misdemeanors” refers to what the founding generation called “breach of trust” and what modern lawyers call breach of fiduciary duty. Fiduciary duties are the legal obligations imposed upon those who manage the affairs of other people—bankers, corporate executives, accountants, guardians, and so forth. In broad outline, fiduciary law when the Constitution was adopted was similar to what it is today. …