HOW TO IMPEACH A PRESIDENT
HOW TO IMPEACH A PRESIDENT


The Case for Impeachment
C-Span2 Book TV 8/2/06
With Dave Lindorff and Barbara Oskansky
Website:
http://www.thiscantbehappening.net
The authors present legal grounds for impeachment of Bush
Title: The Case for Impeachment: The Legal Argument for Removing President George W. Bush from Office
Authors: David Lindorff, Barbara Olshansky
ISBN: 0312360169 Format: Hardcover, 288pp Pub. Date: May 2006 Publisher: St. Martin's Press Barnes & Noble Sales Rank: 32,282THE CASE FOR IMPEACHMENT (Videos)
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How to Impeach a President
Submitted by davidswanson on Thu, 2006-06-08 06:09. Impeachment in the NewsBeginning today, you can go to http://www.articlesofimpeachment.net to learn about a "National Teach-In" on impeachment organized by the Center for Constitutional Rights and Melville House, launching nationwide on July 19 in cities and towns across the country. http://www.articlesofimpeachment.net
———————————————————————————————— Guide to Impeachment and Censure Materials Online
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55-45 "NOT GUILTY" VOTE ON PERJURY; 50-50 ON OBSTRUCTION OF JUSTICE
* Latest impeachment news from the wire services via Yahoo! *
* Latest impeachment newsphotos from AP via Yahoo! *
* Video coverage of the Senate impeachment trial via C-SPAN *
Presidential AcquittalFeb 12, 1999
http://www.c-spanvideo.org/program/AcquittaThe Internet carries only a limited amount of reputable information on impeachment and censure. For those interested in developing a better understanding of these processes, JURIST: The Law Professors' Network recommends resources in the following categories:
Impeachment Primers
- Impeachment Primers: guides for the perplexed
- Constitutional and Statutory Provisions on Impeachment: black-letter law
- Impeachments in History: including Andrew Johnson and Watergate
- Impeachment Procedures: Senate trial, general process
- Cases on Impeachment: from the Supreme Court of the United States
- Censure: selections from Censure: A JURIST Mini-Guide
- Clinton Controversy: the present crisis
- Academic Opinion: what law professors are saying
- Public Opinion: polls + your comments; contact your member of Congress
- Further Reading: recommended books and articles
Constitutional and Statutory Provisions on Impeachment
- Impeachment: An Introduction (Peter Shane, University of Pittsburgh School of Law; IntellectualCapital.com)
- A Citizen's Guide to Impeachment (Alan Hirsch)
- The Law of Presidential Impeachment (Association of the Bar of the City of New York, Committee on Federal Legislation, 1974)
- Impeachment (excerpted from Michael Nelson, The Presidency A-Z)
- Backgrounder on Impeachment (Cornell Legal Information Institute)
- FAQs and Web Resources on Impeachment (American Bar Association Division for Public Education)
- High Crimes and Misdemeanors: A Short History of Impeachment (Information Please)
- Impeachment (Grolier Online)
- Impeachment: A Primer (CNN)
- The Word "Impeachment" (World Wide Words)
- Trial By Impeachment (Theodore Dwight, Columbia Law School; American Law Register, 1867; written at the time of President Andrew Johnson's impeachment) [courtesy Steven Veltri, Pettit College of Law, Ohio Northern University]
- The Federal Impeachment Process: A Bibliographic Guide (Cornell Law Library 1974; updated 1998)
Impeachments in History [see also Impeachment Procedures/Senate Trial]
- Constitutional and Statutory Provisions on Impeachment (Karl Manheim, Loyola Law School, Los Angeles)
- Constitutional Grounds for Presidential Impeachment: Modern Precedents (House Judiciary Committee, November 1998; PDF format only)
- Constitutional Grounds for Presidential Impeachment (House Judiciary Committee, 1974; Washington Post)
- James Madison's Notes of Debates in the Constitutional Convention, July 20, 1787 (Avalon Project, Yale Law School)
- James Madison's Notes of Debates in the Constitutional Convention, September 8, 1787 (Avalon Project, Yale Law School)
- Federalist Papers #65 [Alexander Hamilton] (THOMAS)
- Federalist Papers #66 [Alexander Hamilton] (THOMAS)
- The Meaning of "High Crimes and Misdemeanors" (C-SPAN, Capitol Questions)
Impeachment Procedures
- Chronology of Federal Officials Impeached (Information Please)
- Chief Justice William Rehnquist on the Impeachments of Justice Samuel Chase and President Andrew Johnson (C-SPAN Booknotes interview, July 7, 1992)
- The Impeachment of Andrew Johnson (HarpWeek; contemporary materials from the pages of Harper's Weekly)
- Andrew Johnson's Impeachment Ordeal (K. Daniel Glover; IntellectualCapital.com)
- Senate Chamber: Andrew Johnson's Impeachment Trial (US Senate)
- The Impeachment Trial of Andrew Johnson (contemporary drawing)
- Ticket to Andrew Johnson's Impeachment (University of Pennsylvania)
- Articles of Impeachment Against Richard M. Nixon
- Watergate (Washington Post)
- Watergate Sights and Sounds (CNN)
Senate Trial [see also Senate Impeachment Trials: A JURIST Mini-Guide]
US Supreme Court Cases on Impeachment
- Senate Impeachment Trial (C-SPAN)
- United States Senate
- The Man Who Will Judge Clinton: Chief Justice Will Preside Over a Senate Trial (ABC News)
- Chief Justice William Rehnquist on Impeachment (C-SPAN Booknotes interview, July 7, 1992)
- Impeachment (Senate Procedure: Precedents and Practices, GPO, 1981; PDF format only)
- Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials (JURIST; from Rules and Manual of the United States Senate)
- The Senate Trial of Andrew Johnson (HarpWeek; articles from Harper's Weekly, 1868)
- The President's Trial (March 28, 1868)
- The Impeachment Trial (March 28, 1868)
- The Impeachment Trial (April 4, 1868)
- The Impeachment Trial (April 11, 1868)
- The Chief Justice Presiding (April 18, 1868)
- The Evidence Against the President (April 18, 1868)
- The Opening of President's Counsel (April 25, 1868)
- The President and the Law (May 2, 1968)
- Impeachment (May 2, 1868)
- The End of the Trial (May 9, 1868)
- Mr. Evarts and the Party (May 16, 1868)
- Impeachment (May 16, 1868)
- Impeachment (May 23, 1868)
- The Impeachment (May 23, 1868)
- The Decision (May 30, 1868)
- The Senate Trial of Andrew Johnson (HarpWeek; illustrations from Harper's Weekly, 1868)
- George T. Brown Serving the Summons on President Johnson (March 28, 1868)
- President Johnson Consulting with His Counsel (April 4, 1868)
- Facsimile of Ticket of Admission to the Impeachment Trial (April 4, 1868)
- J.J. Christie, Messanger of the Senate, Receiving Tickets at the Entrance (April 11, 1868)
- The Members of the House of Representatives Proceeding to the Senate Chamber (April 11, 1868)
- The Senate as a Court of Impeachment for the Trial of Andrew Johnson (April 11, 1868)
- William M. Evarts (April 18, 1868)
- The Impeachment Trial: The Senate in Consultation (April 18, 1868)
- The Ladies Gallery of the Senate During the Impeachment Trial
- The President's Counsel (April 25, 1868)
- Scene in the Senate Lobby (April 30, 1868)
- Senate Chamber: Andrew Johnson's Impeachment Trial (US Senate)
General
- What is the Procedural Process for Impeachment and Censure Resolutions? (C-SPAN, Capitol Questions)
- Resolution to Begin Impeachment Proceedings Against Richard Nixon (House Resolution 803, approved February 6, 1974)
- Regarding the Question of Impeachment Continuation from One Congress to the Next Congress (House Judiciary Committee)
- Continuation of an Impeachment Proceeding or an Impeachment Investigation from One Congress to the Next Congress (Congressional Research Service; PDF format only; released October 7, 1998)
Censure [see also Censure: A JURIST Mini-Guide]
- Nixon v. US [impeachment of federal judge] (FindLaw)
- Other Decisions on Impeachment (Cornell Legal Information Institute)
Clinton Controversy
- What is Censure? (Cornell Legal Information Institute)
- Censure: A Debate with a Past (Washington Post)
- Alternatives to Impeachment: What May Congress Do? (Association of the Bar of the City of New York, Committee on Federal Legislation, December 11, 1998)
- Senate Censure/Condemnation Cases (CongressLink)
- The Senate Censures a President (US Senate)
- President Andrew Jackson's Protest of Senate Censure
- What is the Procedural Process for Impeachment and Censure Resolutions? (C-SPAN, Capitol Questions)
Academic Opinion
Senate Impeachment Trial (video via C-SPAN; requires RealPlayer)
- Day 18, February 12, 1999 (Vote on Impeachment Articles)
- Day 17, February 11, 1999 (Deliberations in Closed Session)
- Day 16, February 10, 1999 (Deliberations in Closed Session)
- Day 15, February 9, 1999 (Vote to Open Deliberations)
- Day 14, February 6, 1999 (Videotaped Depositions of Monica Lewinsky, Vernon Jordan and Sidney Blumenthal)
- Day 13, February 4, 1999 (Motions Dealing with Depositions of Monica Lewinsky, Vernon Jordan, and Sidney Blumenthal)
- Day 12, January 28, 1999 (Resolution to Approve Trial Schedule - part 1; part 2)
- Day 11, January 27, 1999 (Motion to Dismiss; Motion to Call Witnesses)
- Day 10, January 26, 1999 (Motion to Call Witnesses)
- Day 9, January 25, 1999 (Motion to Dismiss)
- Day 8, January 23, 1999 (Questions from Senate Members)
- Day 7, January 22, 1999 (Questions from Senate Members)
- Day 6, January 21, 1999 (White House Closing Argument by former Senator Dale Bumpers; Presidents' Counsel David Kendall - part 1; part 2)
- Day 5, January 20, 1999 (White House Counsel Gregory Craig - part 1; part 2; White House Associate Counsel Cheryl Mills)
- Day 4, January 19, 1999 (White House Counsel Charles Ruff - part 1; part 2)
- Day 3, January 16, 1999 (Managers' Presentations)
- Day 2, January 15, 1999 (Managers' Presentations)
- Day 1, January 14, 1999 (Managers' Presentations)
- Trial Deposition of Sidney Blumenthal (February 3, 1999; C-SPAN)
- Trial Deposition for Vernon Jordan (February 2, 1999; C-SPAN)
- Trial Deposition for Monica Lewinsky (February 1, 1999; C-SPAN)
- Reply of the House of Representatives to the Trial Memorandum of William Jefferson Clinton (January 14, 1998; JURIST)
- Trial Memorandum of President William Jefferson Clinton (January 13, 1998; White House)
- Trial Managers' Brief on the Articles of Impeachment (January 11, 1999; JURIST)
- President's Response to the Articles of Impeachment (January 11, 1999; JURIST)
- Law Professors Solicit Signatures for Letter Opposing Resignation of the President (JURIST; December 19, 1998)
- Articles of Impeachment as Adopted by the US House of Representatives (CBS News; December 19, 1998)
- House Debate on the Articles of Impeachment: Day 2 (video via C-SPAN; U.S. House of Representatives, December 19, 1998)
- House Debate on the Articles of Impeachment: Day 1 (video via C-SPAN; U.S. House of Representatives, December 18, 1998)
- House Report 105-830 (Impeachment of William Jefferson Clinton, President of the United States, as prepared by the Committee on the Judiciary; House Judiciary Committee, December 15, 1998)
- Proposed Articles of Impeachment (JURIST, December 12, 1998)
- Debate on Impeachment Articles: Day 3 (video and transcripts via C-SPAN: House Judiciary Committee, December 12, 1998)
- Debate on Impeachment Articles: Day 2 (video and transcripts via C-SPAN; House Judiciary Committee, December 11, 1998)
- Debate on Impeachment Articles: Day 1 (video and transcripts via C-SPAN; House Judiciary Committee, December 10, 1998)
- President Clinton's Deposition in the Paula Jones Case (ABC News; played at House Judiciary Committee hearing, December 10, 1998)
- Draft Democratic Censure Resolution (ABC News; Representative Delahunt, December 9, 1998)
- White House Impeachment Inquiry Defense: Day 2 (video and written testimony via C-SPAN; House Judiciary Committee, December 9, 1998)
- Submission by Counsel to President Clinton to the Committee on the Judiciary of the United States House of Representatives (JURIST; December 8, 1998)
- White House Impeachment Inquiry Defense: Day 1 (video and written testimony via C-SPAN; House Judiciary Committee, December 8, 1998)
- Hearing on the Consequences of Perjury and Related Crimes (video and written testimony via C-SPAN; House Judiciary Committee, December 1, 1998; complete transcript from the Washington Post)
- President Clinton's Answers to the 81 Questions from the House Judiciary Committee (ABC News; November 27, 1998)
- Independent Counsel Kenneth Starr's Testimony Before the House Judiciary Committee (video, C-SPAN; November 19, 1998; requires RealPlayer)
- Prepared Text of Independent Counsel Kenneth Starr's Testimony Before the House Judiciary Committee (Washington Post; November 19, 1998)
- Tripp-Lewinsky Tapes (audio, C-SPAN)
- Hearing on the Background and History of Impeachment (JURIST; House Judiciary Committee/Constitution Subcommittee, November 9, 1998; includes written and video testimony by law professors William Van Alstyne (Duke); Susan Low Bloch (Georgetown); Robert F. Drinan, S.J. (Georgetown); Michael J. Gerhardt (William & Mary); John C. Harrison (Virginia); John O. McGinnis (Cardozo); Richard Parker (Harvard); Daniel H. Pollitt (North Carolina); Stephen Presser (Northwestern); Cass R. Sunstein (Chicago); Laurence H. Tribe (Harvard); and Jonathan Turley (George Washington))
- Law Professors Send Letter to Congress Opposing Impeachment (JURIST; November 6, 1998)
- Interview with anti-impeachment letter sponsor Professor Susan Bloch (Georgetown) (JURIST; recorded October 30, 1998; audio requires RealPlayer; a transcript of this interview is also available)
- House Judiciary Committee Questions for President Clinton (JURIST; November 5, 1998)
- H.R. 581 (House of Representatives impeachment resolution, passed October 8, 1998; House Judiciary Committee)
- Video of House Debate on Impeachment Resolution (FedNet; October 8, 1998; requires RealPlayer)
- Transcript of House Debate on Impeachment Resolution (CNN; October 8, 1998)
- House Report 105-795: Investigatory Powers of the Committee on the Judiciary with Respect to its Impeachment Inquiry (House Judiciary Committee, PDF format only; October 7, 1998)
- Video of House Judiciary Committee Debate on Impeachment Resolution (C-SPAN; October 5, 1998; requires RealPlayer)
- Transcript of House Judiciary Committee Debate on Impeachment Resolution (CNN; October 5, 1998)
- House Document 105-316 (supplement to Starr Report; Government Printing Office, PDF format only; released October 2, 1998)
- House Document 105-311 (supplement to Starr Report, Government Printing Office, PDF format only; released September 18, 1998)
- Clinton Grand Jury Video
- Clinton Grand Jury Video Transcript (JURIST)
- Starr Report (JURIST)
- Analyses of Starr Charges (USA Today)
- First Clinton Rebuttal (JURIST)
- Second Clinton Rebuttal (JURIST)
- Grand Jury Secrecy Rules [Rule 6(e), Federal Rules of Criminal Procedure] (Washington Post)
- House Judiciary Committee
- House Judiciary Committee Member Profiles (Washington Post)
- House Judiciary Committee Member Web Pages
- Independent Counsel Law [US Code] (Cornell Legal Information Institute)
- H.R. 545 (Resolution to impeach Independent Counsel Kenneth Starr; introduced by Congressman Alcee Hastings)
Public Opinion
- Hearing on the Background and History of Impeachment (JURIST; House Judiciary Committee/Constitution Subcommittee, November 9, 1998; includes written and video testimony by law professors William Van Alstyne (Duke); Susan Low Bloch (Georgetown); Robert F. Drinan, S.J. (Georgetown); Michael J. Gerhardt (William & Mary); John C. Harrison (Virginia); John O. McGinnis (Cardozo); Richard Parker (Harvard); Daniel H. Pollitt (North Carolina); Stephen Presser (Northwestern); Cass R. Sunstein (Chicago); Laurence H. Tribe (Harvard); and Jonathan Turley (George Washington))
- Law Professors' Letter to Congress Opposing Impeachment (JURIST; November 6, 1998)
- Akhil Amar (Yale): "Now Playing: A Constitutional Nightmare" - Washington Post, September 20, 1998
- Akhil Amar (Yale), Susan Low Bloch (Georgetown), Eric Freedman (Hofstra) and Jonathan Turley (George Washington), "Is a Sitting President Subject to Compulsory Criminal Process?" [testimony before the Constitutionalism, Federalism and Property Rights Subcommittee of the House Judiciary Committee, September 9, 1998] (Washington Post)
- Richard Fallon (Harvard): "Three Questions Deserve Consideration" - Boston Globe, September 12, 1998
- Scott Gerber (Florida Coastal): "If it Reaches the Senate, the Chief Justice is Ready" - Christian Science Monitor, October 8, 1998
- Michael Gerhardt (William & Mary): Interview - C-SPAN, October 7, 1998 [audio; requires RealPlayer]
- Michael Gerhardt (William & Mary): Transcript of Chat Session - Washington Post, September 16, 1998
- John Parry (Pittsburgh): "The Misrule of Law" - Pittsburgh Post-Gazette, October 11, 1998
- Laurence Tribe (Harvard): "How to Bring Clinton to Justice Without Punishing the Nation" - Boston Globe, September 16, 1998
- "Top Profs: Not Enough to Impeach" [survey of twelve constitutional law scholars] - National Law Journal, October 5, 1998
Further Reading (offline...)
- Latest Public Opinion Polls (PollingReport.com)
- Reader Comments on the Impeachment of the President (JURIST)
- Reader Comments on the Law Professors' Letter Opposing Impeachment (JURIST)
- Make a Comment on Impeachment/Censure (JURIST)
- Contact Your Senator (SenateVote.com)
- Contact Your Member of Congress (Congress.org)
- Contact the House Judiciary Committee (E-mail: Judiciary@mail.house.gov)
Books
- Michael Les Benedict, The Impeachment and Trial of Andrew Johnson (1973)
- Raoul Berger, Impeachment: The Constitutional Problem (1973)
- Charles Black, Impeachment: A Handbook (1974)
- Eleanore Bushnell, Crimes, Follies and Misfortunes: The Federal Impeachment Trials (1992)
- Michael Gerhardt, The Federal Impeachment Process: A Constitutional and Historical Analysis (1996)
- P.C. Hoffer, P. C. and N.E.H. Hull, Impeachment in America, 1635 to 1805 (1984)
- John R. Labovitz, Presidential Impeachment (1978)
- William H.Rehnquist, Grand Inquests (1992)
- Gene Smith, High Crimes and Misdemeanors: The Impeachment and Trial of Andrew Johnson (1976)
- Theodore H. White, Breach of Faith: The Fall of Richard Nixon (1975)
Articles
- Bibliography of Journal and Law Review Articles on Impeachment, 1913-1998 (Cornell Law Library)
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JURIST's Guide to Impeachment and Censure Materials Online is a featured link on these news and information Web sites:Ramsey Clark's Articles of Impeachment of George W. Bush et al.:
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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
ByRonald 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).
Thus, the operative legal standard to apply to an impeachment of a sitting President is "treason, bribery, or other high crimes and misdemeanors." There is substantial difference of opinion over the interpretation of these words.
There are essentially four schools of thought concerning the meaning of these words, although there are innumerable subsets within those four categories. The first general school of thought is that the standard enunciated by the Constitution is subject entirely to whatever interpretation Congress collectively wishes to make:
"What, then, is an impeachable offense? The only honest answer is that an impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history; conviction results from whatever offense or offenses two-thirds of the other body considers to be sufficiently serious to require removal of the accused from office..." Congressman Gerald Ford, 116 Cong. Rec. H.3113-3114 (April 15, 1970).
This view has been rejected by most legal scholars because it would have the effect of having the President serve at the pleasure of Congress. However there are some, particularly in Congress, who hold this opinion.
The second view is that the above Constitutional standard makes it necessary for a President to have committed an indictable crime in order to be subject to impeachment and removal from office. This view was adopted by many Republicans during the impeachment investigation of President Richard M. Nixon. The proponents of this view point to the tone of the language of Article II § 4 itself, which seems to be speaking in criminal law terms. There are other places in the Constitution which seem to support this interpretation, as well. For example, Article III § 2 (3) provides that "the trial of all crimes, except in cases of impeachment, shall be by jury." (Emphasis supplied). Clearly the implication of this sentence from the Constitution is that impeachment is being treated as a criminal offense, ergo, impeachment requires a criminal offense to have been committed. Article II § 2 (1) authorizes the President to grant pardons "for offenses against the United States, except in cases of impeachment." (Emphasis supplied). This sentence implies that the Framers must have thought impeachment, and the acts which would support impeachment, to be criminal in nature. In the past, England had used impeachment of the King's ministers as a means of controlling policy (Parliament could not get rid of the King, but could get rid of his ministers who carried out acts Parliament believed to be against the best interest of the country). However, in English impeachments, once convicted that person was not only removed from office but was also punished (usually by execution).
The third approach is that an indictable crime is not required to impeach and remove a President. The proponents of this view focus on the word "misdemeanor" which did not have a specific criminal connotation to it at the time the Constitution was ratified. This interpretation is somewhat belied by details of the debate the Framers had in arriving at the specific language to be used for the impeachment standard. Initially the standard was to be "malpractice or neglect of duty." This was removed and replaced with "treason, bribery, or corruption." The word "corruption" was then eliminated. On the floor during debate the suggestion was made to add the term "maladministration." This was rejected as being too vague and the phrase "high crimes and misdemeanors" was adopted in its place. See Impeachment Trial and Errors, by Irving Brant, pages 17-19. There are many legal scholars who believe this lesser standard is the correct one, however.
The fourth view is that an indictable crime is not required, but that the impeachable act or acts done by the President must in some way relate to his official duties. The bad act may or may not be a crime but it would be more serious then simply "maldministration." This view is buttresses in part by an analysis of the entire phrase "high crimes or misdemeanors" which seems to be a term of art speaking to a political connection for the bad act or acts. In order to impeach it would not be necessary for the act to be a crime, but not all crimes would be impeachable offenses.
Some hold the opinion that Congress could pass laws by declaring what constitutes "high crimes and misdemeanors" which would, in effect, be a list of impeachable offenses. That has never happened. (Query: If Congress passed such a code of impeachable offenses, could that be applied retroactively, much as a definition, to a sitting President? Would such an application be viewed as an ex post facto law? Also, would such a statue be an attempt to amend the Constitution, without following the amendment procedure?)
Both the United States House of Representatives and the United States Senate have the right to make their own rules governing their procedure, and to change those rules. Under current rules, the actual impeachment inquiry begins in the Judiciary Committee of the House of Representatives. That Committee holds hearings, takes evidence, and hears testimony of witnesses concerning matters relevant to the inquiry. Typically, as occurred in the case of President Nixon, there will also be a Minority Counsel who serves the interest of the party not controlling Congress. Witnesses are interrogated by the Committee Counsel, the Minority Counsel, and each of the members of the House Judiciary Committee. The Committee formulates Articles of Impeachment which could contain multiple counts. The Committee votes on the Articles of Impeachment and the results of the vote are reported to the House as a whole. The matter is then referred to the whole House which debates the matter and votes on the Articles of Impeachment, which may or may not be changed. If the Articles of Impeachment are approved, the matter is sent to the Senate for trial.
The trial in the Senate is handled by "Managers" from the House of Representative, with the assistance of attorneys employed for the prosecution of the impeachment case. The Senate sits as a jury. (In the past the Senate has heard judicial impeachments by appointing a subcommittee especially for that purpose, which then reports its findings to the Senate as a whole. See Rules of the Senate When Sitting on Impeachment Trials, Rule XI.) The Senate would then debate the matter, and vote, each individual Senator voting whether to convict the President and remove him from office, or against conviction. If more then two-thirds of the Senators present vote to convict, the President would be removed from office. Thus a Senator who abstained from voting but was present would in effect be voting against conviction. (Article I § 3).
If the President is convicted by a vote of the Senate, and removed from office, yet another grave constitutional crisis is the presented. Does the President have a right of appeal, and if so, to whom? Article I § 3 of the Constitution states:
"The Senate shall have the sole Power to try all Impeachments..."
For many years, the conventional view was that the forgoing section of the Constitution meant that the Senate was the final arbiter when it came to impeachments (at least as to Federal Judges) and that what constituted an impeachable offense would be unreviewable. See Ritter v. U.S., 84 Ct. Cl. 293 (1936) cert denied 300 U.S. 668 (1937).
However, if there is an impeachment standard (and there can be no doubt that there is as the Constitution specifically establishes one - "treason, bribery or other high crimes and misdemeanors"), then it is only logical that it is possible for that standard not to be correctly followed. If such is the case, who is responsible for saying that the standard was not correctly followed? There can only be one answer - the courts. As there has never been a successful impeachment and removal of a sitting President, there is no authority "on all fours" for the proposition either way. However, there is authority which would shed some light on this complicated question.
Congressman Adam Clayton Powell was accused of serious misconduct and excluded from the United States House of Representatives by a vote of its members. Article 1 § 2(2) of the United States Constitution describes the three qualifications (age, citizenship, and residence) to be a member of the United States House of Representatives. Article I § 5(1) provides that each House of Congress shall be the sole judge of the "qualifications of its own members." After being excluded by a vote of the House membership, Representative Powell filed suit against the Speaker of the House, John McCormack, contending that the exclusion was unconstitutional because the requirements for membership in the House of Representatives are limited to age, citizenship, and residence. Representative Powell further contended that the only way to remove him (as a "civil officer" of the United States) was for an impeachment to be brought and the matter tried in the United States Senate. The attorneys for the United States House of Representatives countered with an argument to the effect that the legislative branch of government (i.e. The House of Representatives and the Senate, each) had explicit grants of quasijudicial power in the Constitution which generally were exceptions to the Article III grant of judicial powers to the Federal Courts. The specific argument by the attorneys for the House was that the Court should "declare its lack of jurisdiction to proceed." Powell v. McCormack, 395 U.S. 486 at 514 (1969).
The Court rejected this argument and concluded that the House of Representatives had overstepped its bounds in excluding Representative Powell from its membership. The important point of this decision is that the United States Supreme Court decided that it can review actions by Congress removing elected officials from office. The fact that Federal Courts have decided not to review judicial impeachments is of no consequence. Federal Judges are not elected, but rather, are appointed for life. The authority for the appointment of Federal Judges appears in a different section of the Constitution (Article III) from the impeachment language applicable to he President, Vice President, and other civil officers. Also, a different standard is used for impeachment of Federal Judges, which standard appears in Article III, specifically that the judges shall serve during "good behavior." One could distinguish the Federal cases declining to review judicial impeachments on the bases that the impeachment of a President and the impeachment of a Federal Judge are simply not the same thing. A Federal Judge is appointed for life by the President with the approval of the Senate. If the Judge is impeached, and the Senate removes the judge from office, it appears that what has really occurred (as intended by the Framers) is that the Senate has revoked its approval of that judge. Therefore, the act in removing the judge would be totally political. This is bolstered by the fact that the standard applicable to Federal Judges, "good behavior," is much lower then the standard for removal of the President. The "good behavior" standard appears to be virtually tantamount to serving at the pleasure of Congress.
The Supreme Court of the Untied States has decided that it should not review judicial impeachments, using the "political question" doctrine to sidestep the issue. Walter Nixon v. United States, 506 U.S. 224 (1993). In the Walter Nixon case, Judge Nixon attacked the rule of the Senate allowing a subcommittee to hear evidence, rather then the Senate as a whole, in his judicial impeachment. The opinion of the Supreme Court declined to review Judge Nixon's case, and in dicta is not binding on future Courts. Even though the Court was unanimous in concluding not to review Judge Nixon's removal from office, there were multiple concurring opinions. The concurring opinion of Justice White indicates an unwillingness, on his part at least, to conclude in advance that a Presidential impeachment would be unreviewable. See Walter Nixon v. United States, 506 U.S. at 244. As stated by Justice White at footnote 3, page 247 of the Walter Nixon case:
"Finally, as applied to the special case of the President, the majority's argument merely points out that, were the Senate to convict the President without any kind of trial, a Constitutional crisis might well result. It hardly follows that the Court ought to refrain from upholding the Constitution in all impeachment cases. Nor does it follow that, in cases of Presidential impeachment, the Justices ought to abandon their constitutional responsibilities because the Senate has precipitated a crisis."
This view is echoed by Justice Souter in his concurring opinion in the same case:
"If the Senate were to act in a manner seriously threatening the integrity of its results...judicial interference might well be appropriate." Walter Nixon v. United States, 506 U.S. at 253.
Assuming, for the sake of argument, that judicial review of a Presidential impeachment is Constitutionally possible, where would such judicial review begin? Would it begin by the President filing suit in a United States District Court? If so, and relief were denied by the United States District Court, the President would have a right of appeal to a Circuit Court of Appeals, but might only have a right to review by the United States Supreme Court via a petition for certiorari. Thus, the Supreme Court could deny certiorari, and avoid ruling on the issue entirely.
But what if the Supreme Court had original jurisdiction over the review of a Presidential impeachment? After all, there were no inferior Federal Courts at the time the Constitution was created. The only Federal Court discussed al all in the Constitution is the Supreme Court. Could the President file suit against the Senate in the Supreme Court itself? And what of the possibility that, even if there is an avenue for judicial review, the "political question" doctrine which prevents Courts from deciding matters which are inherently political, rather then legal would be used to avoid ruling on the central issue? See Baker v. Carr, 369 U.S. 186 (1962).
http://library.findlaw.com/2000/Aug/1/130987.html
NSA's Illegal Warrantless Wiretapping Update
Recently we have learned some pretty alarming details about the National Security Agency's (NSA) illegal domestic spying. A May 11th USA Today story revealed that the warrantless wiretapping program is far broader in scope than the President has previously claimed. Tens of millions of Americans' phone records have been compiled into the largest known database in the world.
As reported in the USA Today story, this in direct violation of the Telecommunications Act. Section 222 of this Act prohibits telephone companies from revealing information about their customers' call history including who is called and how frequently. Inbound and outbound calls, wireline and wireless services are covered by this Act.
Underscoring the seriousness of these privacy protections, the Federal Communications Commission has the authority to levy fines up to $130,000 per day per violation. While this is capped at $1.325 million per violation, these penalties are intended to deter phone companies from revealing private consumer data.
More: http://www.johnconyers.com/index.asp?Type=NONE&SEC={456ECCD5-4EAC-4C6D-8A17-89728B250AE2}
Congressman John Conyers, Jr.
30 Members of Congress Favor Special Committee to Investigate Impeachable Offenses
We now have 29 Members of Congress who have joined me and cosponsored House Resolution 635. The Atlanta Progressive News, which has reported regularly on this bill, summarizes the efforts...
We now have 29 Members of Congress who have joined me and cosponsored House Resolution 635. The Atlanta Progressive News, which has reported regularly on this bill, summarizes the efforts to date with this article.
We continue to add cosponsors because of an effective grassroots campaign. A number of municipalities have passed resolutions calling for the president to resign or worse. Over 42,000 people have signed on as Citizen Cosponsors of House Resolution 635 at my website. These actions have helped encourage many Members of Congress to take a stronger stand against the president.
Former Congresswoman Liz Holtzman reminded us at the Harper's Forum that the Nixon impeachment efforts were a success, while those against Clinton backfired, because of public opinion. There was a huge groundswell of public support for holding the Nixon Administration accountable for their crimes. We need to make sure that we press our case against the president with the country behind us. If you haven't yet, please help us grow this support by going to my website, and:
Before the House Judiciary Committee can put together the Articles of Impeachment, someone must initiate the impeachment procedure. Most often, this occurs when members of the House pass a resolution. Another method outlined in the manual, however, is for individual citizens to submit a memorial for impeachment.
"Do-It-Yourself Impeachment." Now any citizen can download the DIY Impeachment Memorial and submit it, making it possible for Americans to do what our representatives have been unwilling to do. The idea is for so many people to submit the Memorial that it cannot be ignored.
Feel free to download it, print out TWO copies, fill in your relevant information in the blanks (name, State, etc.), and send in two letters today (One to the Speaker of the House, and the other to John Conyers of the House Judiciary). There's also extra credit for sending a DIY Impeachment to your own representative.
Get the PDF to send in, and DIRECTLY initiate the impeachment of Bush: OR? Download, fill in your relevant information in the blanks (name, State, notary is optional), and send in a letter today.
http://impeachforpeace.org/ImpeachNow.html
Impeachment - Wikipedia, the free encyclopedia
The impeachment procedure is in two steps. The House of Representatives must first pass "articles of impeachment" by a simple majority. ...
en.wikipedia.org/wiki/Impeachment
Downloadable Documents
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Literature
- "A Guide to the Impeachment of George W Bush and Richard Cheney" - grounds for impeachment, discussion of basis for local government resolutions, Section 603, model resolution. 10 page booklet, [PDF] Written 4/27/06, very minor updates 5/11/06
- "An Impeachment Resolution? Cool! Can it be done in my town?" - Yes, you can do it. 2 page flier, 10 KB [PDF]
Local Impeachment Resolutions
Please feel free to download these documents, edit them, and use them in your impeachment work. HTML versions are available here.
Proposed Impeachment Resolution for a State Legislature to use. .doc Basis for state initiated impeachment. .doc Proposed Impeachment Resolution for a City or Town to use. .doc Flyers
- "Is Impeachment Patriotic" - one page flyer [PDF] 7/4/05
The case for impeachment is clear beyond question.Thu Jun 15, 2006 15:32
Impeach Bush and Cheney Now!
http://warisacrime.org/Editorials and Information on
How to Impeach Bush
http://www.impeachbush.tv/news/hres635.htmlMovement to impeach George W. Bush
http://en.wikipedia.org/wiki/Movement_to_impeach_George_W._BushThe Impeachment Procedure
http://www.hematite.com/impeachment/Treason Under the Constitution
http://www.apfn.org/apfn/treason_5.htm