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"When in the course of human events..." | by Havoc | 2007-01-22 16:26:58 |
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There is no provision in the Constitution for that | by RetiQlum2 | 2007-01-22 19:14:25 |
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Yes there is, and no it doesn't. | by Havoc | 2007-01-22 20:04:42 |
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Re-read your source | by DesertRat66 | 2007-01-22 21:01:41 |
| Wrong. |
by Havoc |
2007-01-23 05:14:13 |
"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."
That last bit has been defined as "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history."
The impeachment procedure is in two steps. The House of Representatives must first pass "articles of impeachment" by a simple majority. (All fifty state legislatures as well as the District of Columbia city council may also pass articles of impeachment against their own executives). The articles of impeachment constitute the formal allegations. Upon their passage, the defendant has been "impeached."
Next, the Senate tries the accused. In the case of the impeachment of a President, the Chief Justice of the United States presides over the proceedings. Otherwise, the Vice President, in his capacity as President of the Senate, or the President pro tempore of the Senate presides. This may include the impeachment of the Vice President him- or herself, although legal theories suggest that allowing a person to be the judge in the case where she or he was the defendant wouldn't be permitted. If the Vice President did not preside over an impeachment, the duties would fall to the President Pro Tempore.
In order to convict the accused, a two-thirds majority of the senators present is required. Conviction automatically removes the defendant from office. Following conviction, the Senate may vote to further punish the individual by barring them from holding future federal office (either elected or appointed). Despite a conviction by the Senate, the defendant remains liable to criminal prosecution. It is possible to impeach someone even after the accused has vacated their office in order to disqualify the person from future office or from certain emoluments of their prior office (such as a pension.) If a two-thirds majority of the senators present does not vote "Guilty" on one or more of the charges, the defendant is acquitted and no punishment is imposed.
Please note that at no time does the 'conviction' have to be for criminal charges as in a normal court. The conviction is purely on the basis of "treason, bribery, or other high crimes and misdemeanors" which is pretty much whatever the Congress wants it to be. |
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