•  
  •  
 

Abstract

In April 1970, Congressman Gerald Ford called for the impeachment of Justice William 0. Douglas. Although Douglas had been accused by anti civil rights Southern Democrats of unprofessional conduct in his association with a political foundation as well as his four marriages, Ford reasoned that, 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.

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.