The Impeachment of Chief Justice David Brock

Judicial Independence and Civic Populism

Nonfiction, Reference & Language, Law, Urban State & Local Government, Legal History, History, Americas, United States, 20th Century
Cover of the book The Impeachment of Chief Justice David Brock by John Cerullo, David C. Steelman, Lexington Books
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: John Cerullo, David C. Steelman ISBN: 9781498565905
Publisher: Lexington Books Publication: November 22, 2017
Imprint: Lexington Books Language: English
Author: John Cerullo, David C. Steelman
ISBN: 9781498565905
Publisher: Lexington Books
Publication: November 22, 2017
Imprint: Lexington Books
Language: English

At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary.

In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis.

The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary.

In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis.

The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.

More books from Lexington Books

Cover of the book Rhetoric, Humor, and the Public Sphere by John Cerullo, David C. Steelman
Cover of the book Africans and the Exiled Life by John Cerullo, David C. Steelman
Cover of the book María de Molina, Queen and Regent by John Cerullo, David C. Steelman
Cover of the book Novel Perspectives on German-Language Comics Studies by John Cerullo, David C. Steelman
Cover of the book Counterterror Offensives for the Ghost War World by John Cerullo, David C. Steelman
Cover of the book Cost-Benefit Analysis by John Cerullo, David C. Steelman
Cover of the book Branding Latin America by John Cerullo, David C. Steelman
Cover of the book Politics in the Human Interest by John Cerullo, David C. Steelman
Cover of the book Ingratiation from the Renaissance to the Present by John Cerullo, David C. Steelman
Cover of the book Peace and Conflict in Inter-Group Relations by John Cerullo, David C. Steelman
Cover of the book Dharma and Halacha by John Cerullo, David C. Steelman
Cover of the book Lucile H. Bluford and the Kansas City Call by John Cerullo, David C. Steelman
Cover of the book Mao and the Sino–Soviet Partnership, 1945–1959 by John Cerullo, David C. Steelman
Cover of the book Interpretation, Relativism, and Identity by John Cerullo, David C. Steelman
Cover of the book Understanding International Law through Moot Courts by John Cerullo, David C. Steelman
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy