Impeachment - a fundamental constitutional power - belongs to Congress. The US Constitution, besides providing the authority for impeachment, details the methods to be used.
IMPEACHABLE OFFENSES
Article II, Section 4 of the Constitution says,
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
"High Crimes and Misdemeanors" are (1) real criminality - breaking a law; (2) abuses of power; (3) "violation of public trust" as defined by Alexander Hamilton in the Federalist Papers.
In the past, Congress has issued Articles of Impeachment for acts in three general categories:
Exceeding the constitutional bounds of the powers of the office.
Behavior grossly incompatible with the proper function and purpose of the office.
Employing the power of the office for an improper purpose or for personal gain.
The House of Representatives has the sole power of impeachment - similar to an indictment in regular court proceedings. The United States Senate has the sole power to try all impeachments - analogous to a trial before judge and jury in regular courts
HOUSE OF REPRESENTATIVES
A member of the House of Representatives may begin impeachment proceedings either by presenting a listing of the charges under oath or by referring these charges to the appropriate committee. Non-members may also start the impeachment process.
After debating the resolution, the House either considers the resolution as a whole or votes on each article of impeachment individually. A simple majority of those present and voting is required for passage of the resolution.
If the House votes to impeach, House Managers are selected to present the case to the Senate.
SENATE
A trial is then held in the Senate. Each side has the right to call witnesses and perform cross-examinations. The House Managers present the prosecution case. The impeached official has the right to obtain his own attorneys and mount a defense.
After hearing the charges, the Senate usually deliberates in private. Conviction requires a two-thirds majority.
The Senate enters judgment on its decision, whether to convict or acquit, and a copy of the judgment is filed with the Secretary of State.
Upon conviction, the official is automatically removed from office and may also be barred from holding future office. The removed official is also liable to criminal prosecution.
Your blog does not have a button I can push to add your article to Facebook. You can review my blog at Abusedswan to see what I am talking about. I filed an impeachment petition for my judge here in Michigan and Andy Dillon the speaker of the house is refusing to accept it.
ReplyDeleteSince Andy did not take my petition, I got together with 24 other non custodial mothers and we are asking the Attorney General Michael Cox to request a grand jury into Judge Patricia Gardner of the 61st District Court. Any suggestions?
ReplyDelete