By: Rania Shoukier, Esq. and Louis G. Adolfsen, Esq.
"Whatever the outer limits of that sovereignty may be, one thing is clear: The Federal Government may not compel the States to enact or administer a federal regulatory program." New York v. United States, 505 U.S. 144, 188, 112 S. Ct. 2408, 2435, 120 L. Ed. 2d 120 (1992).
Many commentators have noted that proving that a President committed "high crimes and misdemeanors" is not the same as proving that the President committed a crime. The history of the drafting of the Constitution shows that the phrase "High Crimes and Misdemeanors" was adopted to cover a broad spectrum of wrongful acts that may not fit any statutory definition of a crime. A useful comparison might be the conduct of President Reagan, who was not impeached, and President Nixon, who was. "Impeachment" means the process by which the House of Representatives presents Articles of Impeachment, which is the equivalent of an indictment, before the matter moves to the Senate for trial or other proceedings.