This is the third, catchall phrase in the formula designating impeachable offenses. The reader will hardly need to be told that it must generate, and has generated, great difficulties of interpretation. Some definite things can be said about its extent, but we will be left with an area of considerable vagueness. Let us take the definite things first.
It would be well to start with the one and only discussion of the phrase at the 1787 Constitutional Convention. The day was September 8, 1787, just nine days before the Constitution was signed and transmitted for the adherence of the states. The impeachment provision, as reported out by the last of the convention committees (except the final one charged only with polishing the style of the Constitution), listed "treason and bribery" as the only grounds for impeachment and removal. The colloquy we need to look at was brief, taking perhaps five minutes:
The clause referring to the Senate, the trial of impeachments agst. the President, for Treason & bribery, was taken up.
Col. Mason. Why is the provision restrained to Treason & bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined— As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend: the power of impeachments. He movd. to add after "bribery" "or maladministration". Mr. Gerry seconded him—
Mr Madison So vague a term will be equivalent to a tenure during pleasure of the Senate.
Mr Govr Morris, it will not be put in force & can do no harm— An election of every four years will prevent maladministration.
Col. Mason withdrew "maladministration" & substitutes "other high crimes & misdemeanors"
On the question thus altered
