A year ago, jurists and pundits were debating whether impeaching an American president is primarily a matter of law or of politics. It is both, of course, and there is nothing wrong with the political part. Under the U.S. Constitution, it is politicians, not courts, who are supposed to judge whether a president has committed “high crimes and misdemeanors,” and, crucially, whether a chief executive poses an ongoing threat to the republic.
With less than two weeks to go before Joe Biden replaces Donald Trump in the White House, the issue has come up again, with Speaker of the House Nancy Pelosi making clear that the president should be removed either by his cabinet, through the 25th Amendment, or by impeachment.
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