Articles of impeachment are the set of charges drafted against a public official to initiate the impeachment process. The articles of impeachment do not result in the removal of the official, but instead require the enacting body to take further action, such as bringing the articles to a vote before the full body.
In the United States, the articles of impeachment are drafted by the House of Representatives for cases involving federal officials. Once approved by the House, a trial is held in the United States Senate where a supermajority is required for conviction.
If a person of a high office is convicted of having committed "Treason, Bribery, or other High Crime or Misdemeanor," then they will be removed upon impeachment in accordance with the law.An impeachment trial is carried out in the Senate, with the Chief Justice of the Supreme Court presiding if the impeachment involves the President. Impeachment can expand beyond senior members of the White House. A Supreme Court of the United States justice may be impeached for committing treason, bribery, or a high crime or misdemeanor. Impeachment charges must be drafted in the House of Representatives. The trial for the person undergoing such occurs in the Senate, requiring two-thirds of the members present (currently 67 out of 100 senators, assuming all present) to successfully remove a public official from office.
Impeachment is the process by which a legislative body levels charges against a government official. Impeachment does not in itself remove the official definitively from office; it is similar to an indictment in criminal law, and thus it is essentially the statement of charges against the official. Whereas in some countries the individual is provisionally removed, in others they can remain in office during the trial. Once impeached, an individual must then face the possibility of conviction on the charges by a legislative vote, which is separate from the impeachment, but flows from it, and a judgment which convicts the official on the articles of impeachment entails the official's definitive removal from office.
The federal government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories and several island possessions. The federal government is composed of three distinct branches: legislative, executive and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.
Gabriel Thomas Porteous Jr. is a former United States District Judge of the United States District Court for the Eastern District of Louisiana. He served for sixteen years before being impeached and removed from office in December 2010.
The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds that more is expected of officials by their oaths of office. Indeed, the offense may not even be a breach of criminal statute. See Harvard Law Review "The majority view is that a president can legally be impeached for 'intentional, evil deeds' that 'drastically subvert the Constitution and involve an unforgivable abuse of the presidency'—even if those deeds didn't violate any criminal laws."
Harry Eugene Claiborne was a United States District Judge of the United States District Court for the District of Nevada from 1978 until his impeachment and removal in 1986. Appointed by President Jimmy Carter in 1978, Claiborne was only the fifth person in United States history to be removed from office through impeachment by the United States Congress and the first since Halsted Ritter in 1936. He was the first federal judge to be sent to prison.
The impeachment of Bill Clinton was initiated on October 8, 1998, when the United States House of Representatives voted to commence impeachment proceedings against Bill Clinton, the 42nd president of the United States, for "high crimes and misdemeanors". The specific charges against Clinton were lying under oath and obstruction of justice. The charges stemmed from a sexual harassment lawsuit filed against Clinton by Paula Jones and from Clinton's testimony denying that he had engaged in a sexual relationship with White House intern Monica Lewinsky. The catalyst for the president's impeachment was the Starr Report, a September 1998 report prepared by Independent Counsel Ken Starr for the House Judiciary Committee.
Jonathan Turley is an American attorney, legal scholar, writer, commentator, and legal analyst in broadcast and print journalism. He is a professor at the George Washington University Law School and has testified in United States Congressional proceedings about constitutional and statutory issues. He participated in the impeachment of President Bill Clinton and the impeachment inquiry of President Donald Trump.
Impeachment in the United States is the process by which a legislature brings charges against a civil officer of government for crimes alleged to have been committed, analogous to the bringing of an indictment by a grand jury. Impeachment may occur at the federal level or the state level. The federal House of Representatives can impeach federal officials, including the president, and each state's legislature can impeach state officials, including the governor, in accordance with their respective federal or state constitution.
Impeachment in New Hampshire is an expressed Constitutional power of the House of Representatives to bring formal charges against a state officer for "bribery, corruption, malpractice or maladministration, in office." Upon the impeachment of a state officer, the Senate acts as "a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives." Upon conviction, the Senate can impose a punishment that "does not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state."
Impeachment in the Philippines is an expressed power of the Congress of the Philippines to formally charge a serving government official with an impeachable offense. After being impeached by the House of Representatives, the official is then tried in the Senate. If convicted, the official is either removed from office or censured.
The impeachment of Andrew Johnson was initiated on February 24, 1868, when the United States House of Representatives resolved to impeach Andrew Johnson, the 17th president of the United States, for "high crimes and misdemeanors," which were detailed in 11 articles of impeachment. The primary charge against Johnson was violation of the Tenure of Office Act, passed by Congress in March 1867, over his veto. Specifically, he had removed from office Edwin M. Stanton, the secretary of war—whom the act was largely designed to protect—and attempted to replace him with Brevet Major General Lorenzo Thomas.
Charles Swayne was a United States District Judge of the United States District Court for the Northern District of Florida who prevailed over an impeachment effort.
Margaret Lee Workman is a Justice of the Supreme Court of Appeals of West Virginia.
Numerous federal officials in the United States have been threatened with impeachment and removal from office. Despite numerous impeachment investigations and votes to impeach a number of presidents by the House of Representatives, only three presidents in U.S. history have been impeached by the House: Presidents Andrew Johnson, Bill Clinton, and Donald Trump. Neither Andrew Johnson nor Bill Clinton was convicted in the Senate and were not removed from office. Donald Trump is awaiting trial by the Senate.
Impeachment is the procedure in which a legislative body, like the US Congress, can punish or remove government officials from their positions. This is a way for the legislative branch to check and balance the executive and judicial branches and police itself as well.
The United States Senate is the upper chamber of the United States Congress, which, along with the United States House of Representatives—the lower chamber—comprises the legislature of the United States. The Senate chamber is located in the north wing of the Capitol Building, in Washington, D.C.
The U.S. Congress in relation to the president and Supreme Court has the role of chief legislative body of the United States. However, the Constitution's Framers built a system in which three powerful branches of the government, using a series of checks and balances, could limit each other's power. As a result, it helps to understand how Congress interacts with the presidency as well as the Supreme Court to understand how it operates as a group
An impeachment process against Richard Nixon began in the United States House of Representatives on October 30, 1973, following the "Saturday Night Massacre" episode of the Watergate scandal. The House Committee on the Judiciary set up an impeachment inquiry staff and began investigations into possible impeachable offenses by Richard Nixon, the 37th president of the United States. The process was formally initiated on February 6, 1974, when the House granted the Judiciary Committee authority to investigate whether sufficient grounds existed to impeach President Nixon of high crimes and misdemeanors under Article II, Section 4, of the United States Constitution. This investigation was undertaken one year after the United States Senate established the Select Committee on Presidential Campaign Activities to investigate the 1972 break-in at the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Republican Nixon administration's attempted cover-up of its involvement.
The impeachment of Donald Trump, the 45th president of the United States, occurred on December 18, 2019, when the House of Representatives approved articles of impeachment on charges of abuse of power and obstruction of Congress. The president's impeachment came after a formal House inquiry found that he had solicited foreign interference in the 2020 U.S. presidential election to help his re-election bid, and then obstructed the inquiry itself by telling his administration officials to ignore subpoenas for documents and testimony. The inquiry reported that Trump withheld military aid and an invitation to the White House to Ukrainian President Volodymyr Zelensky in order to influence Ukraine to announce an investigation of Trump's political opponent, Joe Biden, and to promote a discredited conspiracy theory that Ukraine, not Russia, was behind interference in the 2016 presidential election.
The Constitution of the United States gives Congress the authority to remove the president of the United States from office in two separate proceedings. The first one takes place in the House of Representatives which impeaches the president by approving articles of impeachment through a simple majority vote. The second proceeding, the impeachment trial, takes place in the Senate. Conviction on any of the articles requires a two-thirds majority vote and results in the removal from office.
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