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Saturday, October 5, 2013

The U.S. Constitution Provides For The Impeachment Of House Members. It's Time!

Judge of Commerce Court Robert W. Archbald
Impeached and Convicted, 1912
for using his official position for private gain

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Who has been impeached?
Here's the list...


Alan: If a foreign power (or terrorist organization) threatened to harm the integrity of the United States and undermine the well-being of American citizens by holding the economy hostage "with a gun to its head," there would be universal agreement that such action constituted a high crime. The following article details the pathway by which treacherous House members can be turned out of office. 

Impeachment in The United States


Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office. The actual trial on those charges, and subsequent removal of an official on conviction on those charges, is separate from the act of impeachment itself.
Impeachment is analogous to indictment in regular court proceedings, while trial by the other house is analogous to the trial before judge and jury in regular courts. Typically, the lower house of the legislature will impeach the official and the upper house will conduct the trial.
At the federal levelArticle II of the United States Constitution (Section 4) states that "The PresidentVice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, TreasonBribery, or other High Crimes and Misdemeanors." The House of Representatives has the sole power of impeaching, while the United States Senate has the sole power to try all impeachments. The removal of impeached officials is automatic upon conviction in the Senate. In Nixon v. United States (1993), the Supreme Court determined that the federal judiciary cannot review such proceedings.
Impeachment can also occur at the state levelstate legislatures can impeach state officials, including governors, according to their respective state constitutions.
At the Philadelphia ConventionBenjamin Franklin noted that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal — impeachment — would be preferable.[1]

The House of Representatives[edit]


Depiction of the impeachment trial of President Andrew Johnson, in 1868, Chief Justice Salmon P. Chase presiding.
Impeachment proceedings may be commenced by a member of the House of Representatives on their own initiative, either by presenting a listing of the charges under oath, or by asking for referral to the appropriate committee. The impeachment process may be triggered by non-members. For example, when the Judicial Conference of the United Statessuggests a federal judge be impeached, a charge of what actions constitute grounds for impeachment may come from a special prosecutor, the President, a state or territorial legislaturegrand jury, or by petition.
The type of impeachment resolution determines to which committee it will be referred. A resolution impeaching a particular individual is typically referred to the House Committee on the Judiciary. A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules, and then referred to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. If the Committee finds grounds for impeachment they will set forth specific allegations of misconduct in one or more articles of impeachment. The Impeachment Resolution, or Article(s) of Impeachment, are then reported to the full House with the committee's recommendations.
The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article or the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "House managers", with a "lead House manager") are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically the House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the Speaker of the United States House of Representatives. These managers are roughly the equivalent of the prosecution/district attorney in a standard criminal trial.
Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving the notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers then appear before the bar of the Senate and exhibit the articles of impeachment. After the reading of the charges, the managers return and make a verbal report to the House.



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