Tuesday in New Diary

I started to read a new book yesterday. It is called America’s Unwritten Constitution: The Precedents and Principles We Live By. It is written by Akhil Reed Amar. It is very complicated and I don’t understand it. But I am going to stick it out and try to get as much out of it as possible.

I am on the first chapter. It starts out with the impeachment of Andrew Johnson. When the president is impeached charges are made against him in Congress It serves as a grand jury. The Senate conduct the trial and during impeachment proceedings is president over by the Chief Justice of the United States. Back then on March 5, 1868 the Chief Justice was Samuel Chase.

March 5 was the opening day of the trial. Here a roll call of Senators and they must swear an oath During these proceedings a senator from Indiana objected to one of the senators of Ohio, Benjamin Wade. The objection was Wade was Senate pro tempore. Thee was no Vice President. If Johnson was convicted Wade would then be president. The senator from Indiana reasoned that since Wade had so much to gain from these proceedings he had no right to sit in judgment of President Johnson.

This argument was countered by another senator from Ohio, Sherman. Sherman said that Wade was elected to the Senate He had a right to sit in judgment Also his removal would deprive Ohio of its constitutional guarantee of two senators during such and important proceeding. In the end Wade was accepted and stood in judgment despite having a interest in the outcome.

The author goes into great detail discussing this . He cites various English authorizes such as Lord Coke and Blackstone. If I remember correctly, it was Coke who ruled a case called the Bonham decision. I think he said that no man should sit in judgment of a case if he has an interest in its outcome. This is the part that is tricky and hard to understand

But what I am slowly understanding is that the Constitution is more than a a mere written document. For example, the Bonham decision is part of our principles. Yet no place in the constitution does it mention that no man can sit in judgment of his own case. Still, it is part of our jurisprudence. Also, in order to understand the Constitution one must read it as a hole and not be bound literally clauses .

In any case I think I am going to like this book. It is going to be hard reading but I like a challenge. I spent most of yesterday morning reading the first chapter and I’m still not through the first chapter .

I am really enjoying my NOOK. I think this technology is amazing. I can shop and browse to my hearts content without leaving my home. If I see a book I like I can buy it and download it onto my NOOK.I did buy a book yesterday. I bought a book called The Wright Brothers by David McCullough Trouble is, if I don’t watch myself, I can go broke buying books.