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Impeachment in the United States

From Wikipedia, the free encyclopedia

Impeachment in the United States is the process by which the lower house of 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. At the federal level, this is at the discretion of the House of Representatives. Most impeachments have concerned alleged crimes committed while in office, though there have been a few cases in which officials have been impeached and subsequently convicted for crimes committed prior to taking office.[1] The impeached official remains in office until a trial is held. That trial, and their removal from office if convicted, is separate from the act of impeachment itself. Analogous to a trial before a judge and jury, these proceedings are (where the legislature is bicameral) conducted by upper house of the legislature, which at the federal level is the Senate.

At the federal level, Article I, Section 2, Clause 5 of the Constitution grants to the House of Representatives "the sole power of impeachment", and Article I, Section 3, Clause 6 grants to the Senate "the sole Power to try all Impeachments". In considering articles of impeachment, the House is obligated to base any charges on the constitutional standards specified 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".[2] (Full text of clauses Wikisource has information on "Constitution of the United States of America")

Impeachment can also occur at the state level. Each state's legislature can impeach state officials, including the governor, in accordance with their respective state constitution.

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Transcription

Impeachment it turns out was a very central part of the Constitution of the United States meaning it’s obscure, people don’t know about it, but it probably was necessary for the Constitution actually to be ratified by the American people. You can see the impeachment clause, and I’m going to explain its content in a moment, but you can see it as part of the American Revolution itself in the sense that the revolt against a king who was a leader who had authority over 'We the People' was incomplete if we didn’t have a mechanism by which we could get rid of our leaders, including the president, which was a way of ensuring we didn’t have anything like a monarchy. Now the way impeachment worked is that in the early American colonies before America was America we started impeaching people who were following orders from the king. And what that meant was that an abusive authority would be called out by some legislative assembly and in the initial phase what would happen would be there would just be a vote that the person had abused authority and then if the thing fell to completion, and this goes back to England, there would be a trial. And in the trial the person would be convicted of the offense for which impeachment was had and if convicted the person would be removed from office. So to bring this back to the American structure as it developed after the Revolution and after the Constitution came into place, and this was thought through with such care in Philadelphia when the Constitution was debated, the idea was that if there is a high crime and misdemeanor, and we can talk a bit about what that means, or if there’s treason or bribery then the House of Representatives by majority vote can impeach the President, the Vice President, Supreme Court justices, members of the cabinet. And what that means is there’s a kind of official judgment that the person has done something very, very bad and after that the proceeding moves to the Senate, which is acting like a court and which decides whether to convict, which means to remove the person from office. The House makes the impeachment vote by a majority vote. That doesn’t mean anyone has to leave office. It then goes to the Senate, which if it votes by a 2/3 majority to convict on the ground on which the let’s say President was impeached then the person is, as they say about baseballs that are hit very hard... the President is gone. Yes. Because the word 'high crimes and misdemeanors' seems to mean kind of felonies, high crimes and misdemeanors, the normal current reader would think oh is there a crime? If you go back to the 18th century it’s actually a lot more inspiring than that and kind of fitting with a system that’s committed to self-government. So if there’s a crime, let’s call it jaywalking or shoplifting or not paying your income taxes, that’s not a high crime or misdemeanor in the constitutional sense. What is meant by high crime and misdemeanor is an abuse of official authority and shoplifting or income tax evasion that’s a crime, it’s not an abuse of official authority. If the President of the United States, let's suppose, decides I'm going to pardon every police officer who shot an African-American, that's not itself likely to be a crime. The President has the pardon power, but that is definitely an impeachable offense. In fact James Madison spoke of abuse of the pardon power as an impeachable offense. If the President of the United States decides I’m going to go on vacation in Paris for the next six months because it’s really beautiful, that’s certainly not a crime, but it’s an impeachable offense that’s an egregious neglect of the authority of the office. So abuse of the authority of the office if it’s egregious, pardon power for example would be one, if the president starts invading civil liberties in a terrible way by locking people up for insufficient reason, by going crazy in terms of security measures at airports and borders — and by going crazy I’m using that as kind of a legal term of art — really exceeding the bounds of the reasonable, that is not a crime but that is an abuse of authority and there we’re right back in the impeachment clause, which is I think first and foremost a way of preserving our rights and liberties and a way of calling out an authority who has invaded them. Think now about what the American Revolution was fought for. I’ve spent a lot of last months in the 18th century and the people back then were on the impeachment issues and presidential authority issues they were off the charts good. In the debate in Virginia on whether we should ratify the Constitution, one really learned person said, “We cannot ratify this Constitution. And the reason is the pardon power.” And it was urged by the skeptic, the President could participate in something really sinister with one of his advisers, then his advisor is in legal trouble and then the President can pardon the person for engaging in illegal or corrupt activity that the President initiated. How can we allow a constitution that has that in it? That’s a fair question and it was stated with great precision as an objection to the Constitution as I recall by someone who had actually signed the Declaration of Independence and I know that person was at the Constitutional Convention and refused to embrace it. James Madison very quietly responded, and he said, “I think the gentleman has overlooked something,” isn’t that a sweet way of responding to someone when the stakes are super high whether we’re going to have a Constitution. “The gentleman has overlook something,” and then Madison explained, “If the President uses the pardon power to shelter someone who’s done something terrible there’s something available in the Constitution, impeachment.” And Madison actually did his interlocutor one better, the interlocutor was saying, “If the President advises something terrible and participates in it and then pardons the person, isn’t that awful?” Madison said, “Yes that’s awful and that’s impeachable,” but Madison’s words seemed to go beyond that to say if you pardon someone who’s done something terrible, one of your own people, that’s itself a legitimate grounds for impeachment, which suggested that abuse of the pardon power, in the words of James Madison, “That’s an impeachable offense.” And with respect to the meaning of the Constitution, it is hazardous to argue with James Madison. The beauty of the impeachment mechanism is its connection with the principle that we have a republic and not a monarchy, which means it puts 'We the People' in charge. That means that in vocation of the impeachment mechanism, whether it’s a Democratic President or a Republican President, really depends on 'We the People'. So if you think of examples there was some interest under President Bush and President Obama some interest in impeaching them. But I think thank goodness we the people, even if we didn’t like either of those presidents, didn’t think there was an impeachable offense. Under President Nixon, by contrast, and I believe very unfortunately under President Clinton because he didn’t commit an impeachable offense, but under both of them there was a public demand for getting rid of them on the ground that President Nixon had abused his presidential authority to cover up crimes and also had himself use presidential authority to invade civil rights and civil liberties. That got people, whatever their political affiliation, sufficiently charged up that they either were willing to go along with those members of the House of Representatives who wanted to impeach Nixon, or they fueled that. In the Clinton case there was a thought, and again perjury and obstruction of justice, which were the charges against President Clinton, there’s nothing good about them they’re very bad, but they weren’t in his case impeachable offenses under the Constitution. Nonetheless people were charged up. A lot of people were charged up. So whether the President is a Democrat or a Republican, whether it's President Trump or in the future some left-of-center President, if people think that there's something that really is beyond the pale and that's not the Constitutional test but it's a kind of colloquial way of getting at the Constitutional test, beyond the pail of legitimate uses of authority then we the people we’re the boss. So the question who’s the boss? The first three words of the Constitution say it, we the people and the impeachment clause kind of makes that real.

Contents

Federal impeachment

The number of federal officials impeached by the House of Representatives includes two presidents: Andrew Johnson and Bill Clinton; both were later acquitted by the Senate.[3] Additionally, an impeachment process against Richard Nixon was commenced, but not completed, as he resigned from office before the full House voted on the articles of impeachment.[2] To date, no president has been removed from office by impeachment and conviction.

House of Representatives

Impeachment proceedings may be commenced by a member of the House of Representatives on his or her own initiative, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The impeachment process may be initiated by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor, the President, or state or territorial legislature, grand jury, or by petition.

The type of impeachment resolution determines the committee to which it is 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 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, it will set forth specific allegations of misconduct in one or more articles of impeachment. The Impeachment Resolution, or Articles 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 for 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 or 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.

Senate

Depiction of the impeachment trial of President Andrew Johnson in 1868, Chief Justice Salmon P. Chase presiding.
Depiction of the impeachment trial of President Andrew Johnson in 1868, Chief Justice Salmon P. Chase presiding.

The proceedings unfold in the form of a trial, with each side having the right to call witnesses and perform cross-examinations. The House members, who are given the collective title of managers during the course of the trial, present the prosecution case, and the impeached official has the right to mount a defense with his or her own attorneys as well. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds super majority to convict a person being impeached.[4] The Senate enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State.[5] Upon conviction in the Senate, the official is automatically removed from office and may also be barred from holding future office. The trial is not an actual criminal proceeding and more closely resembles a civil service termination appeal in terms of the contemplated deprivation, therefore the removed official may still be liable to criminal prosecution under a subsequent criminal proceeding, which the Constitution specifically indicates. The President may not grant a pardon in the impeachment case, but may in any resulting Federal criminal case.[6]

Beginning in the 1980s with Harry E. Claiborne, the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XI.[5] These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to the Senate; all senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit. The purpose of the committees was to streamline impeachment trials, which otherwise would have taken up a great deal of the chamber's time. Defendants challenged the use of these committees, claiming them to be a violation of their fair trial rights as this did not meet the constitutional requirement for their cases to be "tried by the Senate". Several impeached judges, including District Court Judge Walter Nixon, sought court intervention in their impeachment proceedings on these grounds. In Nixon v. United States (1993), the Supreme Court determined that the federal judiciary could not review such proceedings, as matters related to impeachment trials are political questions and could not be resolved in the courts.[2]

History

In the United Kingdom, impeachment was a procedure whereby a member of the House of Commons could accuse someone of a crime. If the Commons voted for the impeachment, a trial would then be held in the House of Lords. Unlike a bill of attainder, a law declaring a person guilty of a crime, impeachments did not require royal assent, so they could be used to remove troublesome officers of the Crown even if the monarch was trying to protect them.

The monarch, however, was above the law and could not be impeached, or indeed judged guilty of any crime. When King Charles I was tried before the Rump Parliament of the New Model Army in 1649 he denied that they had any right to legally indict him, their king, whose power was given by God and the laws of the country, saying: "no earthly power can justly call me (who is your King) in question as a delinquent ... no learned lawyer will affirm that an impeachment can lie against the King." While the House of Commons pronounced him guilty and ordered his execution anyway, the jurisdictional issue tainted the proceedings.

With this example in mind, the delegates to the 1787 Constitutional Convention chose to include an impeachment procedure in Article II, Section 4 of the Constitution which could be applied to any government official; they explicitly mentioned the President to ensure there would be no ambiguity. Opinions differed, however, as to the reasons Congress should be able to initiate an impeachment. Initial drafts listed only treason and bribery, but George Mason favored impeachment for "maladministration" (incompetence). James Madison argued that impeachment should only be for criminal behavior, arguing that a maladministration standard would effectively mean that the President would serve at the pleasure of the Senate.[7] Thus the delegates adopted a compromise version allowing impeachment for "treason, bribery and other high crimes and misdemeanors".

The precise meaning of the phrase "high crimes and misdemeanors" is somewhat ambiguous; some scholars, such as Kevin Gutzman, argue that it can encompass even non-criminal abuses of power. Whatever its theoretical scope, however, Congress traditionally regards impeachment as a power to use only in extreme cases. The House of Representatives has actually initiated impeachment proceedings 62 times since 1789.[citation needed] Two cases did not come to trial because the individuals had left office.

Actual impeachments of 19 federal officers have taken place. Of these, 15 were federal judges: thirteen district court judges, one court of appeals judge (who also sat on the Commerce Court), and one Supreme Court Associate Justice. Of the other four, two were Presidents, one was a Cabinet secretary, and one was a U.S. Senator. Of the 19 impeached officials, eight were convicted. One, former judge Alcee Hastings, was elected as a member of the United States House of Representatives after being removed from office.

The 1797 impeachment of Senator William Blount of Tennessee stalled on the grounds that the Senate lacked jurisdiction over him. No other member of Congress has ever been impeached. The Constitution does give authority to the Senate and House, so that each body may expel its own members. (see List of United States senators expelled or censured and List of United States Representatives expelled, censured, or reprimanded). Expulsion removes the individual from functioning as a representative or senator because of their misbehavior, but unlike impeachment, expulsion cannot result in barring an individual from holding future office.

Federal officials impeached

# Date of Impeachment Accused Office Accusations Result[Note 1] Refer­ences
1 July 7, 1797
William-blount-wb-cooper.jpg
William Blount United States Senator (Tennessee) Conspiring to assist Britain in capturing Spanish territory Senate refused to accept impeachment of a Senator by the House of Representatives, instead expelling him from the Senate on their own authority[8][Note 2] [9]
2 March 2, 1803 John Pickering Judge (District of New Hampshire) Drunkenness and unlawful rulings Convicted; removed on March 12, 1804[8][10] [9][10]
3 March 12, 1804
Samuel Chase (bust crop).jpg
Samuel Chase Associate Justice (Supreme Court of the United States) Political bias and arbitrary rulings, promoting a partisan political agenda on the bench [11] Acquitted on March 1, 1805 [8][10]
4 April 24, 1830
JamesHPeck.jpg
James H. Peck Judge (District of Missouri) Abuse of power[12] Acquitted on January 31, 1831[8][10] [9][10]
5 May 6, 1862
West Hughes Humphreys.jpg
West Hughes Humphreys Judge (Eastern, Middle, and Western Districts of Tennessee) Supporting the Confederacy Convicted; removed and disqualified on June 26, 1862[9][8][10] [9][10]
6 February 24, 1868
President Andrew Johnson.jpg
Andrew Johnson President of the United States Violating the Tenure of Office Act Acquitted on May 26, 1868[8] [9]
7 February 28, 1873
Mark W. Delahay.jpg
Mark W. Delahay Judge (District of Kansas) Drunkenness Resigned on December 12, 1873[10][13] [10][13]
8 March 2, 1876
WWBelknap.jpg
William W. Belknap United States Secretary of War Graft, corruption Acquitted after his resignation on August 1, 1876.[8] [9]
9 December 13, 1904 Charles Swayne Judge (Northern District of Florida) Failure to live in his district, abuse of power[14] Acquitted on February 27, 1905[8][10] [9][10]
10 July 11, 1912
Robert W. Archbald cph.3a03594 (bust crop).jpg
Robert Wodrow Archbald Associate Justice (United States Commerce Court)
Judge (Third Circuit Court of Appeals)
Improper acceptance of gifts from litigants and attorneys Convicted; removed and disqualified on January 13, 1913[9][8][10] [9][10]
11 April 1, 1926
George W. English cph.3a03600.jpg
George W. English Judge (Eastern District of Illinois) Abuse of power Resigned on November 4, 1926,[9][8] proceedings dismissed on December 13, 1926[9][10] [9][10]
12 February 24, 1933 Harold Louderback Judge (Northern District of California) Corruption Acquitted on May 24, 1933[8][10] [9][10]
13 March 2, 1936 Halsted L. Ritter Judge (Southern District of Florida) Champerty, corruption, tax evasion, practicing law while a judge Convicted; removed on April 17, 1936[8][10] [9][10]
14 July 22, 1986
Harry Claiborne (bust crop).jpg
Harry E. Claiborne Judge (District of Nevada) Tax evasion Removed on October 9, 1986[8][10] [9][10]
15 August 3, 1988
Alcee Hastings Portrait c111-112th Congress.jpg
Alcee Hastings Judge (Southern District of Florida) Accepting a bribe, and committing perjury during the resulting investigation Removed on October 20, 1989[8][10] [9][10]
16 May 10, 1989
Walter Nixon (bust crop).jpg
Walter Nixon Chief Judge (Southern District of Mississippi) Perjury Removed on November 3, 1989[8][10][Note 3] [9][10]
17 December 19, 1998
Bill Clinton.jpg
Bill Clinton President of the United States Perjury and obstruction of justice Acquitted on February 12, 1999[8] [9]
18 June 19, 2009
KentSamuel.jpg
Samuel B. Kent Judge (Southern District of Texas) Sexual assault, and obstruction of justice during the resulting investigation Resigned on June 30, 2009,[10][15] proceedings dismissed on July 22, 2009[8][10][16] [10][17]
19 March 11, 2010
PorteousThomasG.jpg
Thomas Porteous Judge (Eastern District of Louisiana) Making false financial disclosures Removed and disqualified on December 8, 2010[8][10][18] [10][19]

Demands for impeachment

While the actual impeachment of a federal public official is a rare event, demands for impeachment, especially of presidents, are common,[20][21] going back to the administration of George Washington in the mid-1790s.

While almost all of them were for the most part frivolous and were buried as soon as they were introduced, several did have their intended effect. Treasury Secretary Andrew Mellon[22] and Supreme Court Justice Abe Fortas both resigned in response to the threat of impeachment hearings, and, most famously, President Richard Nixon resigned from office after the House Judiciary Committee had already reported articles of impeachment to the floor.

Impeachment in the states

State legislatures can impeach state officials, including governors, in every State except Oregon. The court for the trial of impeachments may differ somewhat from the federal model—in New York, for instance, the Assembly (lower house) impeaches, and the State Senate tries the case, but the members of the seven-judge New York State Court of Appeals (the state's highest, constitutional court) sit with the senators as jurors as well.[23] Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. A total of at least eleven U.S. state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma, escaped impeachment conviction by a single vote in 1912. Several others, most recently Missouri's Eric Greitens, have resigned rather than face impeachment, when events seemed to make it inevitable.[24] The most recent impeachment of a state governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117–1 to impeach Rod Blagojevich on corruption charges;[25] he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. He was the eighth U.S. state governor to be removed from office.

The procedure for impeachment, or removal, of local officials varies widely. For instance, in New York a mayor is removed directly by the governor "upon being heard" on charges—the law makes no further specification of what charges are necessary or what the governor must find in order to remove a mayor.

In 2018, the entire Supreme Court of Appeals of West Virginia was impeached, something that has been often threatened, but had never happened before.

State and territorial officials impeached

Date Accused Office Result
1804
William W. Irvin.jpg
William W. Irvin Associate Judge, Fairfield County, Ohio, Court of Common Pleas Removed
1832
Theophilus W. Smith.jpg
Theophilus W. Smith Associate Justice, Illinois Supreme Court Acquitted[26]
February 26, 1862
CRobinson.jpg
Charles L. Robinson Governor of Kansas Acquitted[27]
John Winter Robinson Secretary of State of Kansas Removed on June 12, 1862[28]
George S. Hillyer State auditor of Kansas Removed on June 16, 1862[28]
1871
NCG-WilliamHolden.jpg
William Woods Holden Governor of North Carolina Removed
1871
Hon. David Butler. Governor Nebraska - NARA - 528665.jpg
David Butler Governor of Nebraska Removed[27]
February 1872
Governor Harrison Reed of Florida.jpg
Harrison Reed Governor of Florida Acquitted[29]
March 1872
Thrity years of New York politics up-to-date (1889) (14592180978).jpg
George G. Barnard Supreme Court (1st District) Removed
1872
H C Warmoth 1870s W Kurtz.jpg
Henry C. Warmoth Governor of Louisiana "Suspended from office," though trial was not held[30]
1876
Gen. Adelbert Ames - NARA - 527085.jpg
Adelbert Ames Governor of Mississippi Resigned[27]
1888
Honest Dick Tate.png
James W. Tate Kentucky State Treasurer Removed
1901 David M. Furches Chief Justice, North Carolina Supreme Court Acquitted[31]
Robert M. Douglas Associate Justice, North Carolina Supreme Court Acquitted[31]
August 13, 1913[32]
William Sulzer NY.jpg
William Sulzer Governor of New York Removed on October 17, 1913[33]
July 1917
James E. Ferguson.jpg
James E. Ferguson Governor of Texas Removed[34]
October 23, 1923
Jack Walton.jpg
John C. Walton Governor of Oklahoma Removed
January 21, 1929 Henry S. Johnston Governor of Oklahoma Removed
April 6, 1929[35]
HueyPLongGesture.jpg
Huey P. Long Governor of Louisiana Acquitted
May 1958[36] Raulston Schoolfield Judge, Hamilton County, Tennessee Criminal Court Removed on July 11, 1958[37]
March 14, 1984[38] Paul L. Douglas Nebraska Attorney General Acquitted by the Nebraska Supreme Court on May 4, 1984[39]
February 6, 1988[40] Evan Mecham Governor of Arizona Removed on April 4, 1988[41]
March 30, 1989[42] A. James Manchin State treasurer of West Virginia Resigned on July 9, 1989 before trial started[43]
January 25, 1991[44] Ward "Butch" Burnette Kentucky Commissioner of Agriculture Resigned on February 6, 1991 before trial started[45]
May 24, 1994[46] Rolf Larsen Associate Justice, Pennsylvania Supreme Court Removed on October 4, 1994, and declared ineligible to hold public office in Pennsylvania[47]
October 6, 1994[48] Judith Moriarty Secretary of State of Missouri Removed by the Missouri Supreme Court on December 12, 1994[49]
November 11, 2004[50] Kathy Augustine Nevada State Controller Censured on December 4, 2004, not removed from office[51]
April 11, 2006[52] David Hergert Member of the University of Nebraska Board of Regents Removed by the Nebraska Supreme Court on July 7, 2006[53]
January 8, 2009
(first vote)[54]
Blagojevich cropped.jpg
Rod Blagojevich Governor of Illinois 95th General Assembly ended
January 14, 2009
(second vote)[55]
Removed on January 29, 2009, and declared ineligible to hold public office in Illinois[56]
February 11, 2013[57]
Benigno Fitial 2009.jpg
Benigno Fitial Governor of the Northern Mariana Islands Resigned on February 20, 2013
August 13, 2018[58] Robin Davis Associate Justice, Supreme Court of Appeals of West Virginia Retired on August 13, 2018.[59] Despite her retirement, the West Virginia Senate refused to dismiss the articles of impeachment and scheduled trial for October 29, 2018 although the trial is currently delayed by court order.[60]
Allen Loughry Trial before the West Virginia Senate delayed by court order after being scheduled for November 12, 2018.[60]
Beth Walker Reprimanded and censured on October 2, 2018, not removed from office.[61]
Margaret Workman Chief Justice, Supreme Court of Appeals of West Virginia Trial before the West Virginia Senate delayed by court order after originally being scheduled for October 15, 2018.[62][63]

See also

Notes

  1. ^ "Removed and disqualified" indicates that following conviction the Senate voted to disqualify the individual from holding further federal office pursuant to Article I, Section 3 of the United States Constitution, which provides, in pertinent part, that "[j]udgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States."
  2. ^ During the impeachment trial of Senator Blount, it was argued that the House of Representatives did not have the power to impeach members of either House of Congress; though the Senate never explicitly ruled on this argument, the House has never again impeached a member of Congress. The Constitution allows either House to expel one of its members by a two-thirds vote, which the Senate had done to Blount on the same day the House impeached him (but before the Senate heard the case).
  3. ^ Judge Nixon later challenged the validity of his removal from office on procedural grounds; the challenge was ultimately rejected as nonjusticiable by the Supreme Court in Nixon v. United States, 506 U.S. 224 (1993).

References

  1. ^ Cole, J.P.; Garvey, T. (October 29, 2015). "Impeachment and Removal" (PDF). Federation of American Scientists. Congressional Research Service. pp. 15–16. Retrieved 22 September 2016.
  2. ^ a b c Presser, Stephen B. "Essays on Article I: Impeachment". The Heritage Guide to the Constitution. Heritage Foundation. Retrieved June 14, 2018.
  3. ^ Erskine, Daniel H. (2008). "The Trial of Queen Caroline and the Impeachment of President Clinton: Law As a Weapon for Political Reform". Washington University Global Studies Law Review. 7 (1). ISSN 1546-6981.
  4. ^ "What would Trump have to do to get impeached?". whatifhq.com. Retrieved 2018-08-26.
  5. ^ a b "Rules and Procedures of Practice in the Senate When Sitting on Impeachment Trials" (PDF). Senate Manual Containing the Standing Rules, Orders, Laws and Resolutions Affecting the Business of the United States Senate, Section 100–126, 105th Congress, pp. 177–185. United States Senate. August 16, 1986. Retrieved June 14, 2018.
  6. ^ Gerhardt, Michael J. "Essays on Article I: Punishment for Impeachment". The Heritage Guide to the Constitution. Heritage Foundation. Retrieved June 14, 2018.
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  58. ^ "The Latest: All 4 West Virginia justices impeached". Herald-Dispatch. Associated Press. 2018-08-13. Retrieved 2018-08-14.
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  60. ^ a b Effort to remove convicted Justice Loughry from office continues
  61. ^ Senators reprimand Justice Walker, but vote to not impeach.
  62. ^ With Workman impeachment trial blocked, Senate debates next move.
  63. ^ West Virginia Supreme Court halts impeachment trial for Justice Workman.

Further reading

External links

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