Document Type
Article
Publication Date
Winter 2018
Abstract
In April 1970, Congressman Gerald Ford called for the impeachment ofJustice William 0. Douglas. Although Douglas had been accused by anticivil rights Southern Democrats ofunprofessional conduct in his association with ap oliticalf oundation as well as his four marriages, Fordr easonedt hat, in addition to the past allegations, Justice Douglas had become a threat to national security. Within two weeks of Ford's allegations, United States military forces invaded Cambodia without the express consent of Congress. Nixon's involvement in Ford's attempts to have Justice Douglas impeached give rise to the possibility that, in addition to trying to reshape the judiciary and further architect the "Southern Strategy " by bringing conservative Southern Democrats into the Republican Party, the impeachment would serve as a means to divert attention away from the Cambodian invasion. Ford's irresponsible conduct in this matter (and Justice Douglas's overall conduct) have never been historically addressed and, as a result, did not leave to future political leaders and judges a means by which to gauge behavior that can undermine the independence of the judicial branch. This Article is intended to provide a historical model of accountability.
Publication Title
Campbell Law Review
Volume
40
Issue
1
First Page
113
Last Page
171
Recommended Citation
Joshua E. Kastenberg,
Safeguarding Judicial Integrity during the Trump Presidency: Richard Nixon's Attempt to Impeach Justice William O. Douglas and the Use of National Security as a Case Study,
40
Campbell Law Review
113
(2018).
Available at:
https://digitalrepository.unm.edu/law_facultyscholarship/656
