The impeachment process is outlined in the Constitution in two basic steps: 1) the actual act of impeachment initiated by the House of Representatives; and 2) trial by the Senate which convicts/acquits the federal official in question. Of course, the process is actually quite cumbersome (no doubt by design) and the vague nature of the clause which lists grounds for impeachment in Article II, Section 4 only adds to the confusion. The clause states that “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.” If the House of Representatives finds evidence of a “high Crime,” the body responsible for overseeing the process is the House Judiciary Committee. This committee is the first body to officially vote on impeachment proceedings. If the Judiciary Committee agrees that there has been a breach of power by a federal official, then the vote is opened to the entire House. If the House Vote concurs with the initial vote by the Judiciary Committee, then a series of hearings are held to further investigate the wrongdoings. At this point, a report is developed by the Judiciary Committee and distributed to all members of the House. The House votes on each article of impeachment in the report to determine which accusations will proceed on to the Senate trials. A majority is all that is needed to send any given article to the Senate trials. Finally, the actual act of impeachment reaches the Senate floor for trial. The trial is headed by the Chief Justice of the Supreme Court, with Senate members acting as a jury. The Judiciary Committee acts as the prosecuting party, with the accused (a federal official, perhaps the President) represented by his/her own private attorneys. The Senate members then vote. A two-thirds vote by the members is necessary for a conviction and the subsequent removal of the official from office. Two prominent Presidents, who were officially impeached, though not found guilty in Senate trials, were Andrew Johnson and Bill Clinton. Andrew Johnson’s impeachment was largely a partisan battle resulting from Reconstruction tensions between the North and South. The Republican congress was pushing strict, corporal legislation designed to punish the South for its departure from the Union during the Civil War. Andrew Johnson refused to go along with their efforts, and they found him guilty of violating the Tenure of Office Act, which had been passed shortly before for exactly the purpose. However, the Senate fell one vote short of a conviction and Johnson escaped removal from office. Bill Clinton’s impeachment, the most modern example of Congressional impeachment proceedings, was carried out by a 1998 Republican congress that was “especially mindful of its oversight duties during the Clinton administration,” as noted by Sabato in Roots and Reform. The impeachment proceedings, which arose from the Monica Lewinsky scandal, were highly partisan, with Republicans pushing most of the accusations. He was tried on two articles of impeachment, four of which were brought against him in the House. This means that two of the articles failed to achieve a majority needed to be brought before the Senate trials. Clinton was acquitted of both counts and was not removed from office. Johnson and Clinton are the only two Presidents to have been impeached.
Impeachment is a formal charge against a civil officer in the government, and is secured in the U.S. Constitution in Article 1 (Sections 2 and 3) and in Article II (Section 4) which describes circumstances for impeachment. “High crimes and misdemeanors” comes in many forms, but bribery, perjury, and treason are some of the most ambivalent. Like national legislatures, state legislatures also have the power to impeach officials such as governors. Actually removing an official from office requires 1. a formal accusation by the House of Representatives (impeachment) with majority vote 2. a trial and conviction by the senate with 2/3 vote. The vice, president presides over impeachment trials, with the exception of when the trial involves the president.
Two U.S. presidents impeached include Andrew Johnson (impeached February 24, 1868) Bill Clinton (impeached December 19, 1998). Johnson’s leniency towards Confederates and unconcern for freed slaves, according to his veto of the civil rights bill and opposition to the Fourteenth Amendment, carried a policy during post Civil War reconstruction that enraged far right Republicans. Laying his own grounds for his impeachment, Johnson attempted to dismiss Stanton, Secretary of War, which was in violation of the Tenure of Office Act of 1867 which prohibibited him from doing so without the Senate’s approval. Though he was impeached, he was acquitted May 26, 1868 because the Senate was one vote short of 2/3. Looking back, some see the basis for his impeachment as weak because the Tenure of Office Act was partially repealed in 1887 and declared unconstitutional in 1926. Nevertheless, he did violate a present Act, giving ground for impeachment to an already annoyed nation.
Kenneth Starr, an Independent Counsel, uncovered a sexual scandal in Clinton’s past that led to an affair with a White House intern, Monica S. Lewinsky. Though he initially denied the claim, he was pushed to admit the charges in August 1998. The 11 potential grounds for impeachment in Starr’s report was reviewed by the House of Representatives September 9, 1998, and 4 of the grounds were accepted by the House of Judiciary Committee as grand jury perjury, civil suit perjury, obstruction of justice, and abuse of power. During the Senate’s voting, Democratic and party lines were split down the middle, with Republican’s failing to gather enough support for Clinton’s dismissal. He was acquitted on February 12, 1999.
The impeachment process is outlined in the Constitution in two basic steps: 1) the actual act of impeachment initiated by the House of Representatives; and 2) trial by the Senate which convicts/acquits the federal official in question. Of course, the process is actually quite cumbersome (no doubt by design) and the vague nature of the clause which lists grounds for impeachment in Article II, Section 4 only adds to the confusion. The clause states that “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.” If the House of Representatives finds evidence of a “high Crime,” the body responsible for overseeing the process is the House Judiciary Committee. This committee is the first body to officially vote on impeachment proceedings. If the Judiciary Committee agrees that there has been a breach of power by a federal official, then the vote is opened to the entire House. If the House Vote concurs with the initial vote by the Judiciary Committee, then a series of hearings are held to further investigate the wrongdoings. At this point, a report is developed by the Judiciary Committee and distributed to all members of the House. The House votes on each article of impeachment in the report to determine which accusations will proceed on to the Senate trials. A majority is all that is needed to send any given article to the Senate trials. Finally, the actual act of impeachment reaches the Senate floor for trial. The trial is headed by the Chief Justice of the Supreme Court, with Senate members acting as a jury. The Judiciary Committee acts as the prosecuting party, with the accused (a federal official, perhaps the President) represented by his/her own private attorneys. The Senate members then vote. A two-thirds vote by the members is necessary for a conviction and the subsequent removal of the official from office. Two prominent Presidents, who were officially impeached, though not found guilty in Senate trials, were Andrew Johnson and Bill Clinton. Andrew Johnson’s impeachment was largely a partisan battle resulting from Reconstruction tensions between the North and South. The Republican congress was pushing strict, corporal legislation designed to punish the South for its departure from the Union during the Civil War. Andrew Johnson refused to go along with their efforts, and they found him guilty of violating the Tenure of Office Act, which had been passed shortly before for exactly the purpose. However, the Senate fell one vote short of a conviction and Johnson escaped removal from office. Bill Clinton’s impeachment, the most modern example of Congressional impeachment proceedings, was carried out by a 1998 Republican congress that was “especially mindful of its oversight duties during the Clinton administration,” as noted by Sabato in Roots and Reform. The impeachment proceedings, which arose from the Monica Lewinsky scandal, were highly partisan, with Republicans pushing most of the accusations. He was tried on two articles of impeachment, four of which were brought against him in the House. This means that two of the articles failed to achieve a majority needed to be brought before the Senate trials. Clinton was acquitted of both counts and was not removed from office. Johnson and Clinton are the only two Presidents to have been impeached.
ReplyDeleteAndrew Johnson Bill Clinton
ReplyDeleteImpeachment is a formal charge against a civil officer in the government, and is secured in the U.S. Constitution in Article 1 (Sections 2 and 3) and in Article II (Section 4) which describes circumstances for impeachment. “High crimes and misdemeanors” comes in many forms, but bribery, perjury, and treason are some of the most ambivalent. Like national legislatures, state legislatures also have the power to impeach officials such as governors. Actually removing an official from office requires 1. a formal accusation by the House of Representatives (impeachment) with majority vote 2. a trial and conviction by the senate with 2/3 vote. The vice, president presides over impeachment trials, with the exception of when the trial involves the president.
Two U.S. presidents impeached include Andrew Johnson (impeached February 24, 1868) Bill Clinton (impeached December 19, 1998). Johnson’s leniency towards Confederates and unconcern for freed slaves, according to his veto of the civil rights bill and opposition to the Fourteenth Amendment, carried a policy during post Civil War reconstruction that enraged far right Republicans. Laying his own grounds for his impeachment, Johnson attempted to dismiss Stanton, Secretary of War, which was in violation of the Tenure of Office Act of 1867 which prohibibited him from doing so without the Senate’s approval. Though he was impeached, he was acquitted May 26, 1868 because the Senate was one vote short of 2/3. Looking back, some see the basis for his impeachment as weak because the Tenure of Office Act was partially repealed in 1887 and declared unconstitutional in 1926. Nevertheless, he did violate a present Act, giving ground for impeachment to an already annoyed nation.
Kenneth Starr, an Independent Counsel, uncovered a sexual scandal in Clinton’s past that led to an affair with a White House intern, Monica S. Lewinsky. Though he initially denied the claim, he was pushed to admit the charges in August 1998. The 11 potential grounds for impeachment in Starr’s report was reviewed by the House of Representatives September 9, 1998, and 4 of the grounds were accepted by the House of Judiciary Committee as grand jury perjury, civil suit perjury, obstruction of justice, and abuse of power. During the Senate’s voting, Democratic and party lines were split down the middle, with Republican’s failing to gather enough support for Clinton’s dismissal. He was acquitted on February 12, 1999.