Hearing on the Background and History of Impeachment
House Judiciary Committee Subcommittee on the Constitution
http://jurist.law.pitt.edu/hearing.htm
HOW TO IMPEACH A PRESIDENT
THE CASE FOR IMPEACHMENT (Videos)
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The United States Constitution states in Article II, Section 4:
"The President, Vice President and all civil Officers of the
United States, shall be removed from Office on Impeachment for,
and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors."
Thus far in the history of the United States there been three
Presidential impeachment proceedings -- in 1868 against
President Andrew Johnson for his removal of Secretary of War
Edwin Stanton in violation of the Tenure of Office Act - 1974
against President Richard Richard Nixon for the Watergate
coverup (106 years after Johnson) - 1998-99 against President
Bill Clinton for concealing an extramarital affair (24 years
after Nixon).
Modern Impeachment Procedure:
* Impeachment resolutions made by members of the House of
Representatives are turned over to the House Judiciary Committee
which decides whether the resolution and its allegations of
wrongdoing by the President merits a referral to the full House
for a vote on launching a formal impeachment inquiry.
* The entire House of Representatives votes for or against a
formal impeachment inquiry, needing only a simple majority (a
single vote) for approval.
* If approved, the House Judiciary Committee conducts an
investigation to determine (similar to a grand jury) if there is
enough evidence to warrant articles of impeachment (indictments)
against the President. The Committee then drafts articles of
impeachment pertaining to specific charges supported by the
evidence. The Committee votes on each article of impeachment,
deciding whether to refer each article to the full House for a
vote.
* If the House Judiciary Committee refers one or more articles
of impeachment, the entire House of Representatives votes on
whether the article(s) merit a trial in the Senate, needing only
a simple majority for approval.
* If the full House approves at least one article of
impeachment, the President is technically impeached and the
matter is referred to the U.S. Senate. The House then appoints
members of Congress to act as managers (prosecutors).
* The trial of the President is held in the Senate with the
Chief Justice of the U.S. Supreme Court presiding. The President
can be represented by anyone he chooses. He may appear
personally or leave his defense in the hands of his lawyers.
* The entire Senate may conduct the trial or it or it may be
delegated to a special committee which would report all the
evidence to the full Senate.
* The actual trial is conducted in a courtroom-like proceeding
including examination and cross-examination of witnesses. During
questioning, Senators remain silent, directing all questions in
writing to the Chief Justice.
* After hearing all of the evidence and closing arguments, the
Senate deliberates behind closed doors then votes in open
session on whether to convict or acquit the President. The vote
to convict must be by a two thirds majority, or 67 Senators. If
this occurs, the President is removed from office and is
succeeded by the Vice President. The Senate's verdict is final
and there is no right of appeal.
http://www.historyplace.com/unitedstates/impeachments/
Presidential Impeachment: The Legal Standard and Procedure
By Ronald Arthur Lowry of Law Offices of Ronald Arthur Lowry
The involuntary removal of a sitting President of the United
States has never occurred in our history. The only legal way
such can be accomplished is by the impeachment process. This
article discusses the legal standard to be properly applied by
members of the United States House of Representatives when
voting for or against Articles of Impeachment, and members of
the United States Senate when voting whether or not to convict
and remove from office a President of the United States, as well
as the procedure to be followed.
Article I § 2 of the United States Constitution gives the House
of Representatives the sole power to impeach (make formal
charges against) and Article I § 3 gives the Senate the sole
power to try impeachments. Article II § 4 of the Constitution
provides as follows:
"The President, Vice President and all civil officers of the
United States, shall be removed from office on impeachment for,
and conviction of, treason, bribery, or other high crimes and
misdemeanors." (Emphasis supplied).
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http://www.apfn.org/apfn/impeach_pres.htm