The Complexity of Representation: Impeachment of a President Matt Cook & Sean Kelly Understanding Representation Data Two conceptions of representation dominate the study of legislator responsiveness in democratic systems. The “delegate model” holds that legislators are elected by their constituents to faithfully reflect constituents’ views when making legislative decisions. By contrast the “trustee model” suggests that members of Congress will exercise their judgment—independent of their constituents—when making legislative decisions. A rich political science literature has sought to determine which of these models provides a better model of legislative decision-making by members of Congress. Most studies have sought to find correlations between legislators’ votes and the opinions of their constituents across hundreds of legislators. A primary weakness of these studies is the fact that constituency-level survey data is based on only a few respondents in each district. Our data are from the congressional collection of Harold T. “Bizz” Johnson. Representative Johnson served in the House of Representatives between 1959 and 1980. A Democrat, he represented a 14 county area in Northern California. His congressional papers are archived at CSU Channel Islands. To capture the “two-way” communication between a Representative and his district we used three types of data from this collection: 1. Constituent correspondence. Letters to Johnson reflect the opinions of his constituents who took the time to communicate in writing.This “activated opinion” represents the views of the most vocal and, therefore, likely some of the most influential voices in his constituency. 2.Annually the Johnson office sought opinion from constituents through district questionnaires.Thousands of replies were carefully tabulated by his staff and often communicated back to his district through constituent newsletters. 3. Constituent newsletters, press releases, and other communications that sought to inform the voters of his district about his positions on issues and His accomplishments in office. We use both the qualitative and quantitative aspects of these documents to better understand the complexity of representation. This research uses a case study approach. Using the archived papers of a member of Congress from California—Harold “Bizz” Johnson (D-CA) who served in the House from 1959-1981—we seek to develop a richer understanding of the constituency-legislator linkage. Focusing on the impeachment of President Nixon we examine the relationship between constituency opinion and his legislative behavior We legislative behavior surrounding impeachment involves a dialogue between the member and his constituents that reflects elements of both models of representation. This research gives us insight into the complexity of representation. Nixon’s Resignation "I have never been a quitter. To leave office before my term is completed is abhorrent to every instinct in my body. But As President, I must put the interest of America first. America needs a full-time President and a full-time Congress, particularly at this time with problems we face at home and abroad. To continue to fight through the months ahead for my personal vindication would almost totally absorb the time and attention of both the President and the Congress in a period when our entire focus should be on the great issues of peace abroad and prosperity without inflation at home. Therefore, I shall resign the Presidency effective at noon tomorrow. Vice President Ford will be sworn in as President at that hour in this office. Nixon’s Official Resignation Letter. Source: National Archives and Records Administration As I recall the high hopes for America with which we began this second term, I feel a great sadness that I will not be here in this office working on your behalf to achieve those hopes in the next 21/2 years. But in turning over direction of the Government to Vice President Ford, I know, as I told the Nation when I nominated him for that office 10 months ago, that the leadership of America will be in good hands. In passing this office to the Vice President, I also do so with the profound sense of the weight of responsibility that will fall on his shoulders tomorrow and, therefore, of the understanding, the patience, the cooperation he will need from all Americans." Richard M. Nixon, 8/8/1974 Figure 2 Figure 1 Findings Nixon, Watergate, and Impeachment The Watergate scandal occurred in the United States in the 1970s as a result of the June 17, 1972 break-in at the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement. The scandal eventually led to the resignation of Richard Nixon, the President of the United States, on August 9, 1974—the only resignation of a U.S. president to date. The scandal also resulted in the indictment, trial, conviction, and incarceration of 43 people, dozens of whom were Nixon's top administration officials. The affair began with the arrest of five men for breaking and entering into the Democratic National Committee (DNC) headquarters at the Watergate complex on June 17, 1972. The Federal Bureau of Investigation (FBI) connected cash found on the burglars to a slush fund used by the Committee for the Re-Election of the President, the official organization of Nixon's campaign. In July 1973, as evidence mounted against the president's staff, including testimony provided by former staff members in an investigation conducted by the Senate Watergate Committee, it was revealed that President Nixon had a tape-recording system in his offices and he had recorded many conversations. Recordings from these tapes implicated the president, revealing he had attempted to cover up the questionable (and illegal) goings-on that had taken place after the break-in. After a protracted series of bitter court battles, the U.S. Supreme Court unanimously ruled that the president had to hand over the tapes to government investigators; he ultimately complied. Facing near-certain impeachment in the House of Representatives and a strong possibility of a conviction in the Senate, Nixon resigned the presidency on August 9, 1974. His successor, Gerald Ford, then issued a pardon to him. Figure 1 (left) displays the breakdown of letters to Johnson in 1974 regarding the impeachment of the president. Letters were coded according to whether they supported impeachment of Nixon, opposed his impeachment, or were undecided. Most writers expressed a definite point of view. Throughout the period constituents favored impeachment,; on average across this period about 60% of writers supported impeachment. Figure 2 (above) displays constituent opinion based on questionnaires distributed and tabulated by Johnson’s office staff over the course of several weeks. By the Spring of 1974, among those constituents expressing an opinion, 55% of Johnson’s constituents supported impeachment and 45% opposed it. In 1973, as the allegations against Nixon began taking shape, Johnson’s response was muted. Acknowledging the gravity of the circumstances he vowed to keep an open mind (see image 1). However, as district opinion moved toward majority support for impeachment Johnson’s tone turned notably negative toward the president (see image 2). With Nixon’s “job approval” dropping in his district (from 47.2% in 1972 to 34% in the Spring of 1974), Johnson felt more comfortable supporting impeachment and opposing the president. Conclusions On the sensitive issue of impeachment Johnson paid close attention to the views of his constituents. He kept them informed as the issue moved forward, and ultimately he supported impeachment as did a majority of his constituents. In the end, though, a substantial percentage of his constituents did not support impeachment, and their views were left unrecognized by Johnson’s position. This is a difficulty inherent in Democratic politics when a single member of Congress is expected to reflect the many views of their constituency. Bibliography Starr, Kenneth. The Starr Report: The Findings of Independent Counsel Kenneth W. Starr on President Clinton and the Lewinsky Affair. New York: Public Affairs, 1998. Stewart, David O. Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln’s Legacy. New York: Simon & Schuster, 2009. Story, Joseph. Commentaries on the Constitution of the United States. 3 vols. Boston: Hilliard, Gray, 1833. Sullivan, Terry. “Impeachment Practice in the Era of Lethal Conflict.” Congress & the Presidency 25, no. 2 (1998): 117-128. Trefousse, Hans Louis. Impeachment of a President: Andrew Johnson, the Blacks, and Reconstruction. 2nd ed. New York: Fordham University Press, 1999. Acknowledgements Thanks to the Stepladder Program for Interdisciplinary Research and Learning (SPIRaL) grant for funding the teaching of this course., the John Spoor Broome Library and Amy Wallace for making acquisition of the Johnson Papers possible., and the CI Student Research Steering Council for funding our participation at the Southern California Council on Undergraduate Research conference.